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Full text of "North Carolina Register v.4 no. 2 (4/14/1989)"

\f. ^^:^ lA'^t^f-m^ M /, i\ -//■■ 



ne 



RECEIVED 



APR 18 19S9 

E>W LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



>sl 



COICfl 



ADMINISTRATIVE ORDER 

PROPOSED RULES 

Agriculture 

Human Resources 

NRCD 

N.C. Certification Board for Social Work 

State Personnel 

FINAL RULES 

List of Rules Codified 

ISSUE DATE: APRIL 1 4, 1 989 



Volume 4 • Issue 2 • Pages 152-192 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North CaroUna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Registerheiore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for IC 
pages or less, plus fifteen cents ($0. 1 5) per each 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. A 
one year subscription to the full publication in 
eluding supplements can be purchased foi 
seven hundred and fifty dollars ($750.00). In 
dividual volumes may also be purchased witf 
supplement service. Renewal subscriptions fo: 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCA( 
should be directed to the Office of Administrativ* 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B o 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issuf 
page number and date. 1:1 NCR 101-201, April 1, 198^ 

refers to Volume 1, Issue 1, pages 101 through 201 o 
the North Carolina Register issued on April 1, 1986 



( 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



I 



NORTH 
CAROLINA 
REGISTER 



ISSl K CON n.MS 




Ofjicc of.t(//ji/n/striit/vc Ilcaiimis 
r. (). Dnnvci- I l(>(>f> 
Ralciiili. \C 2~(>tl4 



Robert A. Mclott, 

Director 
James R. Scarcella Sr., 

Dcpulv Dircdor 
Molly \lasich, 

Director APA Services 



I. ADMIMS 1 RA in E ORDER 

AdmLnistrati\c Order 152 

11. PROPOSI D rhj.s 
Agriculture 

Plant Industp,- 153 

Human Resources 

Health Ser\ices 153 

Medical Assistance 158 

Licensing Board 

North Carolina Certification 
Board for Social Work 179 

nrcd 

Hconomic Opportunity 178 

Fnvironmental Management.... 160 
Wildlife Resources 

Commission 178 

State Personnel 

State i'ersonnel Commission ...181 



[11. FINAL RLLI.S 

List of Rules Codified 183 



rV. CUMULATIVL INDEX. 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial . Issisiaiit 
.lean .Shirle\'. 

Ldilorial Assistant 



NOR HI ( AROI.INA RKCISTKR 

PubUcation Deadlines and Schedules 

{January I9S9 - May 1990) 



Issue 


I a St Dav 


last Dav 


Earliest 


+ 


Date 


tor 


for 


Date tor 


l:arliest 




1 iling 


Flcctronic 


Public 


HfTcctive 






riling 


Hearing & 
.Adoption by 
Agency 


Date 


+**+++++ 


++****++ 


++*+*+++ 


+*+**++* 


+++*++++ 


01 02 89 


12 08/88 


12/15/88 


0201/89 


0501/89 


01 16 S*^ 


12 27 88 


01,03 89 


02 15/89 


05,01,89 


02 01 S9 


01 10 80 


01/17 89 


03 03/89 


06 01/89 


02 15 SI-) 


01 26 80 


02 02 80 


03 17/89 


06/01,89 


03 01 SO 


02 OS SO 


02 15 89 


03 31,89 


07 01 89 


03 15 S') 


02 21 SO 


03 02 80 


04 14:89 


07/01 89 


04 03 S<) 


03 10 80 


03 17,89 


05,03/89 


08,01,89 


(14 14 K') 


03 23 89 


03 31 89 


05 14/89 


08,01 '89 


05 01 S') 


04 10 80 


04 17:89 


05 3180 


09, 01 '89 


05 15 S') 


04 24 89 


05 01 89 


06 14 89 


09 01,89 


06 01 SO 


05 10 89 


05 17 89 


07 01/89 


10 01 89 


06 15 80 


05 24 89 


06,01/89 


07 15,89 


10,01,89 


07 03 SO 


06 12 89 


06 19 89 


08 0189 


11,01,89 


07 14 SO 


06 22 89 


06 '29 89 


OS 13 89 


11 01/89 


OS 01 80 


07 11 89 


07 18 89 


08 31,89 


12 01,89 


OS 15 80 


07 25 89 


OS 01 89 


09 14 89 


12 01 89 


00 01 SO 


OS 1 1 89 


OS 18 89 


10 01 89 


01 01 90 


00 15 SO 


OS 24 SO 


08 31 89 


10 15,89 


01 0190 


10 02 SO 


00 1 1 89 


09 18 89 


11 01 89 


02 01 '90 


10 16 SO 


00 25 89 


10 02,89 


11 15 89 


02 01 90 


11 01 SO 


10 11 89 


10 18 89 


12 0189 


03 01 90 


11 15 SO 


10 24 89 


10 31,89 


12 15 89 


03,01,90 


12 01 SO 


1 1 07 89 


1115 89 


12 31,89 


04 01 90 


12 15 SO 


1 1 22 89 


12 01-89 


01,14,90 


04 01 90 


01 02 00 


12 07/89 


12 14/89 


02/01/90 


05 01,90 


01 16 00 


12 20 89 


12 29 89 


02/15/90 


05 1 90 


02 01 00 


01 10 00 


01,' 18 '90 


03 03/90 


06 01 90 


02 15 00 


01 25 00 


02 01. 90 


03 17 '90 


06,01 90 


03 01 00 


02 OS 00 


02 15 90 


03 31/90 


07,01 90 


03 1 5 00 


02 22 90 


03 01/90 


04-' 14/90 


07; 01/90 


04 02 00 


03 12 00 


03 19 '90 


05 02, 90 


08 01 90 


04 16 00 


03 23 0(1 


03 '30 90 


05 16 '90 


08 01 90 


05 01 00 


04 00 00 


04 17 90 


05 31,90 


09,01 00 


05^ 15 00 


04 24,90 


05 01 90 


06 14/90 


09,01 90 



* rhc "Earliest i'.ffcrihc Pate" i.s computed assumitvi that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Adi7unistrati\-e Rules Review- 
Commission hv the 2i>th of the uime calendar month and that ARRC' approves 
the rule at the next calendar month meeting. 



ADMIMSTRA TIVE ORDER 



SI All: OF NOR IH CAROLINA 
Office of Administrative Hearings 

lO ALL ro \\ HO.M TIlLSi: PRESENTS SHALL COME - GREETING 



I, Robert A. Mclott. Reposing special trust and confidence in the integrity and knowledge of 
'KA 1 11R\'N SI 1' ALDRIDGI:, now. b\ \irtue of the authority Nested in mc by law I do hereby 
appoint her Administrative Law Judge and confer upon her all of the riglits, privileges and powers 
useful and necessary to the just and proper discharge of her duties. 

In Witness Whereof, I ha\e hereunto signed my name and affixed the Seal of the Office of 
Adniinistrati\e Ileanngs of tlie Slate oi North Carolina, at Raleigh, North Carolina, this the 3rd 
day of .\pnl, 1^189. 

s/Robert A. Melott 



Chief Administrative Law Judge 
Director 



NORTH CAROLINA REGISTER 152 



PROPOSED RULES 



1 1 1 IK 2 DIPAR IMKNT OF 
A(.RK nil RK 

i V oticc is hereby gh-en in accordance with G.S. 
/50B-J2 that the S'.C. Board of Agriculture in- 
tends to amend rule(s) cited as 2 XCAC 4SC 

.0002. .0004. 

1 he proposed c/feclire date of this action is 
August I. I')S9. 

1 he pubhc hearing will be conducted at 10:00 
a.m. on June 21 , 19S9 at Board Room. .Agri- 
culture Bldg.. J W. Edenton St.. Raleigh. .\.C. 

(^ omincnt Procedures: Interested persons 
may present statements either orally or in writ- 
ing at the public hearing or in writing prior to 
the hearing by mail addressed to Ditvid S. 
Mcl.eod. Secretar}- of the Sorth Carolina 
Board of Agriculture, P.O. Box 2764~, Raleigh, 
.\C 2'^6//.^ 

CM AIM KK 48 - I'l AM IMH S IKN 
SI IK IIAI'IIK 4S( - SIKDS 

.0002 NOXlOl S Sr.F.D LIST 

I he toUowinu seeds are classified as prohib- 
ited noxjous or restricted no>dous: 
(1) proliibited noxious; 
(<:) Serrated Tussock-- Nassella trichotoma: 



Th 



Statutory 
106-277.15. 



Authorili 



G.S. 



106- 



.0004 PROHIBITIONS 

The sale of an\' seed containini: Johiisim 
grass, Jimsonwccd, crotalaria, witchweed. bal- 
loon vine, m- itchgrass, or serrated tussock is 
prohibited 

Statutoiy Authority G.S. 106-2~~.I5. 

TIFT i: 10 - Dl PARTMINT OI IllMAN 
RKSOl RCtS 

lyotice is hereby gi^'cn in accordance with G.S. 
I50B-12 that the Division of Health Seirices 
intends to amend nde(s> cited as 10 \C.iC 4C 
.0303: 10 SCAC "B .0101: 10 SCAC lOA 
.0443: and 10 SCAC II .01)5. 

1 he proposed effecti\e date of this action is 
September I. I9S9. 



he public hearing will be conducted at 1 :30 
p.m. on May 15, 1989 at Caswell Building, 
Board Room (First Floor; Room \o. 179). 200 
W. Jones Street. Raleigh. Sorth Carolina. 

V_ omment Procedures: .Any person may re- 
quest information or copies of the proposed 
rules by writing or calling John P. Barkley, 
Agency Legal Specialist, Dixision of Health 
Services. P.O. Box 2091, Raleigh, Sorth 
Carolina 27602-2091, (919) 733-3134. Written 
comments on these rule changes may be sent to 
Mr. Barkley at the above address. Written and 
oral comments (no more than ten minutes for 
oral comments) on these nde changes may be 
presented at the public hearing. Sotice should 
be gi\'en to Mr. Barkley at least three days prior 
to the public hearing if you desire to speak. 

CHAITKR 4 - HKAiril SKR\ K KS: OFFICE 
OF TUF niRFCTOR 

SLBCIIAPTFR 4C - IWSMFNT PROGRAMS 

SFCl ION .0300 - FFK.IBII IIA PROCEDURES 

.0.^03 PA^MFM I IMII ATIONS 

(c) Payment program benefits shall be avail- 
able only for services or appliances which are 
not covered by a- another third party payor aft4 
or which cannot be paid for out of funds re- 
ceived in settlement of a civil claim, fof bodily 
injuiy. 1 lowe\ er. paxment program benefits 
shall be a\ailable for Children s Special Health 
Sen ices sponsored clinic patients who cannot 
reasonabh' be examined or treated bv a 
Medicaid pro\ider or an aulhon/.cd provider 
lor another third partv pa\or because of trans- 
portation problems, a need for emergenc\' care, 
or simil.ir exceptional situations. All ex- 
ceptions must be approsed bv the Children's 
Special 1 lealth Serxices proizram s medical di- 
rector. Providers shall take reasonable meas- 
ures to collect other third party payments. For 
the purposes of this Subchapter, third party 
payor means any person or entity that is or 
may be indirectly Liable for the cost of ser\'ices 
or appliances furnished to a patient. Third 
party payors include, without Umitation, the 
followinsz: 



(1; 



(2) 
(3) 
(4) 



School services, including physical or 
occupational therapy, speech and lan- 
guage pathology and audiolog\' sen,'ices, 
and nursing services for special needs 
children; 
Medicaid; 

Medicare, Part A and Part B; 
Insurance; 



153 



NORTH C A ROLLS A REGISTER 



PROPOSED RULES 



(5) Social Scniccs; 

(6) Vocational Rehabilitation; 

(7) Worker's compensation; 

(8) CIiA\1PLS:and 

(9) Head start programs. 



Statutory Authority 
/ 30.4- 124; I30A-I27: 
1 30 A -205. 



G.S. l30A-5(3): 
/30A-/29; I30A-I77; 



C II AI'IKR 7 - IIKALHI: FI'IOKMIOI.OGY 

SI UCIIAI'IF.R 7B - IIIGI1\VA^ SAKETY 

SECTION .0100 - GENERAL POLICIES 

.0101 I'l RPOSK 

The purpose of the hitilusuy r . ulL ' ty injury 
control branch is to: 

( 1 ) provide a system for medical e\aluation 
of persons whom the dnver licensing 
agency has reason to believe have mental 
or physical conditions which might impair 
their dris'ing ability. Medical recommen- 
dations are submitted to the driver licens- 
ing agency to deny driving privileges to 
high-risk dri\ers or to issue restricted 
dn\ing pn\ileges to drivers where such 
restnctions will compensate for physical 
and di '. ubility mental conditions. 

(2) provide etfecti\'e and unifonn chemical 
test procedures for detcnnining alcohol 
concentrations in persons charged with 
implied consent offenses. Rules and reg- 
ulations governing methods of performing 
chemical analyses of the breath and blood 
are promulgated and permits are issued to 
individuals found competent to perform 
such analyses. 

(3) pnnide programs that deal with the 
study. pre\ention. and control of a vanety 
of in Junes of public health significance in 
North Carolina. I'roizram staff work with 
federal, state, and local groups and ofh- 
cials to achieve reducticnrs rn injury' 
morbidity and mortality. 



Statutory 
143 B- 10. 



Authority G.S. 20-/39./ ( b); 



CIIAI'IER 10 - HEALTH SERMCES: 
ENMRONMENTAL HEALTH 

SUBCHAPTER lOA -SANUAIION 

SECLION .0400 - SANI I A HON OK 

RESIAl RANIS AND OIHER 

EOOI)ll.\Nl)LIN(; ESIAHLISHMENTS 

.0443 DEIINinONS 



'I'he following definitions shall apply in the 
interpretation and enforcement of this Section: 

(12) "Potentially hazardous food" means any 
food that consists in whole or in part of 
milk or milk products, eggs, meat, poul- 
try, fish, shellfish, edible Crustacea, or 
other ingredients, including synthetic in- 
gredients, in a form capable of supporting 
the rapid and progressive growth of infec- 
tious or toxigenic microorganisms or the 
slower growth of Clostridium botulinum. 
included is any food of animal origin, ei- 
ther raw or heat treated, and any food of 
plant origin which has been treated or 
which IS raw seed sprouts. The term does 
not include clean, ' ■ ' ■ hole, uncrackod, 
odor frt ' t ' . r . hell *?ggs Bf foods which have 
a pH level of 4.6 or below or a water ac- 
tivity (Aw) value of 0.85 or less. 

Statutory Aut/writy G.S. I30A-24S. 

CHAPTER 1 1 - MEDICAL EXAMINER 

SECTION .0700 - FEES PAID FOR SERVICES 

.0705 CREMATION FEE 

The county medical examiner is authorized a 
fee of thirty-five dollars ($35.00) to be paid by 
the applicant for inquiring into the cause and 
manner of death and inspecting the body of a 
decedent who is to be cremated or buried at 
sea. The fee is not authorized if the death 
comes within the jurisdiction of the county 
medical examiner as specified in G.S. 130A- 
383 or G.S. 130A-3S4. The fee is authorized 
in the investigation of deaths of infants with a 
gestational age of 20 weeks or greater if they 
were bom alive, and lived for more than 24 
hours. Investigation of stili birthfi stillbirths is 
not required unless there is indication that 
death occurred by criminal act or default, or 
under suspicious, unusual or unnatural cir- 
cumstances. Deaths in association with med- 
ically unattended deliveries or delivery by a 
midwife approved pursuant to G.S. 90-178.5 
are considered to fall within the medical ex- 
aminer's jurisdiction as specified in G.S. 
130y\-383 and G.S. 130A-384. No inquiry is 
required in deaths of patients resulting only 
from natural disease and occurring in a licensed 
hospital or nursing home, or while receiving 
care from a licensed hospice. No inquiry is 
required prior to cremation or burial at sea for 
bodies donated ef bequeathed to the Com- 
mission for Anatomy or medical schools for 
research or educational purposes. 



NORTH CAROLINA REGISTER 



154 



PROPOSED RULES 



Suiliiiorr Authiuity C.S. /30A-3SS: /30A-39S 



****************** 



No 



nticc IS hereby given in accordance with G.S. 
I SOB- 1 2 ihdi the Division of Health Services 
intends to adopt ruleis' cited as 10 \'CAC 8A 
.1201 - .1211. 

1 he proposed effective date of this action is 
August /. /9.S9. 

I /le public hearing will be conducted at 1 .30 
p.m. on \lav 15. l^.HQ at Ca.'rwell Building, 
Board Room i First Floor Room \o. rOi. 200 
W. Jones Street. Ralei'^h. .\orih Carolina. 



c 



omment Procedures: .-\nv person may re- 
quest information or copies of the proposed 
ndes by writing or calling John P. Barkley. 
Agency Legal Specialist. Prxision of Health 
Sen-ices. P.O. Box 2091. Raleigh, \orth Caro- 
lina 2^602-2091. ,919} '^33-3134. Written 
comments on these rule changes may be sent to 
.Mr. Barkley at the above address. Written and 
oral cnmitienis i no more than ten minutes for 
oral comment s ) on these rule changes may he 
presented at the public hearing, .\otice shoidd 
be given to Mr. Barkley at least three days prior 
to the public hearing if you desire to speak. 

{ II \ri KR 8 - UK Al 111: I'KKSON Al UK \l Til 

SI IK II M'lKK 8A - CIIKOMC DISKASK 

SKC HON .1200 - IIKAI ril (ARK SKR\I( KS 

IN IIIK IIOMK DKMONSIRAIION 

I'R0(;RAM 

.1201 (;knkr\k 

(a) Ihc niissicin dt the Health Care Services 
in tlic Home Demonstration Program is to 
demonstrate and document a program to im- 
pro\e and better enable existing s\stems of 
home care to help indi\iduals at risk a\oid 
lengthy stays in hospitals and other insti- 
tutions. 

(b) The Demonstration Program is adminis- 
tered b\ the Health ("are Branch, Di\ision of 
Health Senices. North Carolina Department 
ot Human I^esourees, P.O. Bo.\ 2091. Raleigli, 
North (^irolina 2''^02. 

Slatuto/y .lulhoriiy G.S. 130A-223. 

.1202 DKllNIIIONS 



The following definitions shall apply 
throughout this Section: 

(1) "In Home Health Care Services" are 
skilled nursing, home health aide, therapy, 
medical social services, ancillary medical 
supplies, durable medical equipment, case 
management, home mobility aids, tele- 
phone alert, physician ser\'ices, nurse 
practitioner services, psychologists ser- 
vices, nutritionists scr\'iccs, respiratory- 
therapy senices, and self-care education 
services for persons with diabetes or hy- 
pertension provided at the patient's place 
of residence as a part of an agency ap- 
proved plan of care. 

(2) "Home Health Agency" is a public, pri- 
vate non-profit or pnvate proprietary^ 
home health agency certified by .\lcdicaid 
and Medicare. 

(3) "Demonstration Program" means the 
Health Care Services in the Home Dem- 
onstration Program. 

(4) "Skilled Nursing Services" are skilled 
nursing ser%'ices as defmed in Home 
Heahh" Medicaid Manual (HHMM) Sec- 
tion 5201.1. Copies of the HHMM may 
be inspected at or obtained from the De- 
monstration Program Office, P.O. Box 
2091. Raleigh, North Carolina 27602. 

(5| "Home Health Aides Services" are home 
health aide services as defmed in HH.M.M 
Section 5202.2. 

(6) "Therapy Ser\-ices" arc therapy services 
defined m'HHM.M Section 5202.3. 

(7) "-Medical Social Services" are medical 
social services as defined in 42 CM'.R. 
405.1226. Copies of the rule may be in- 
spected at or obtained from the Demon- 
stration Prosiam Office, P.O. Box 2091, 
Raleigh, North Carolina 27602. 

(5) "Durable Medical Equipment (DME)" 
is durable medical equipment as defmed 
in Health Care Financing Administration 
(HCFA) publication 15-1. Copies of 
HCFA publication 15-1 may be inspected 
at or obtained from the Home Health 
Senices ProCTam Office. P.O. Box 2091, 
Raleigh. North Carolma 27602. 

(9) "Medical Supplies" are medical supplies 

as defmed in HCFA publication 15-1. 
(10) ".Assessment F.\-aluations" are evalu- 
ations that identity indi\iduals who are 
likeK to be at risk of institutionalization 
or prolonged or frequent recumng hospi- 
talization and are likely to need but are 
unable to afford skilled medical or related 
health senices in order to a\'oid institu- 



/,>.5 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



tionali/ation. Assessment evaluations are 
di\ ided into two parts: 

(a) The pre-assessrnent screening to estab- 
lish presumptive eligibility for the as- 
sessment; and 

(b) The comprehensive assessment to: 

(i) detenninc the degree of risk for insti- 
tutionalization or hospitalization if the 
individual docs not receive or continue 
to receive skilled medical, health and 
related senices in the home; and 

(ii) conduct comprehensive in-home 
health, social, and environmental as- 
sessments to determine those who need 
skilled medical or related health ser- 
vices, those who need both, those who 
need other in-home ser\ ices, those who 
have no need, and those whose needs 
cannot be met in the home. 

(1 1) "Case Management" is the use of mul- 
tiple and varied services including social, 
rehabilitative, skilled medical and related 
health services that are located, coordi- 
nated and monitored to meet the needs 
of eligible clients. Case management may 
only be provided in conjunction with at 
least one additional in home health care 
service. 

(12) "Home Mobilitv Aids" are the pro- 
vision of minor renovations or minor 
physical adaptations to the client's home 
when these adaptations are considered 
necessary to enable clients to remain in 
the home. 

(13) "lelcphone Alert" is a system that uses 
telephone lines to alert a central monitor- 
ing facility that there is a medical emer- 
gency in the household. 

(14) "Phvsician Services" arc services pro- 
vided by a person licensed to practice 
medicine in North Carolina. 

(15) "Physicians Assistant Services" arc ser- 
vices provided by an individual authorized 
to perfonn medical acts under the super- 
vision of a phvsician pursuant to G.S. 
90-18.1. 

(16) "Nurse Practitioners Services" are ser- 
vices provided by a Registered Nurse who 
has inet the educational requirements ap- 
proved by the Board of .Medical l-^xamin- 
ers to perform determined medical acts. 

(17) "Psychologists Services" are services 
provided by a person licensed to perfonn 
psychological analysis, therapy or re- 
search. 

(18) "Nutritionists Services" are services 
provided by a registered dietician. 



(19) "Respiratory Therapy Services" are ser- 
vices for the treatment of disease by using 
breathing devices to restore maximum 
bodily function and preventing disability 
following disease. These services must be 
provided by a registered, certified respir- 
atory therapist. 

(20) "Self-care Education Services" are those 
services that provide self-care skill devel- 
opment to enable patients diagnosed with 
chronic conditions to integrate such skills 
into their daily lives. Self care skills in- 
clude, but are not limited to compliance 
with medication regimen; ability to ad- 
minister the medication correctly; abihty 
to follow meal plans and portion ex- 
changes; ability to perform tests, including 
the ability to monitor blood glucose and 
blood pressure; and the ability to use ex- 
ercise as a therapeutic modality. 

(21) "Demonstration Program Reimburse- 
ment Rate" is the: 

(a) Interim Medicaid rate for nursing ser- 
vices, home health aide services and 
therapy services; physicians services, 
physician assistant services, family 
nurse practitioner services, nutritionist 
services, psychologist services, case 
management services; 

(b) Interim Medicare rate for medical social 
services, durable medical equipment 
and ancillary medical supplies which 
includes home mobility aids and tele- 
phone alert systems; and 

(c) A schedule of payments that shall be 
developed by the Division of Health 
Services for assessment evaluation ser- 
vices, self-care education services, nu- 
trition services, and other covered 
services for which neither Medicaid nor 
Medicare has an established reimburse- 
ment rate. 

(22) "Third Party Payor" is any person or 
entity that is or may be indirectly liable for 
the cost of service furnished to a patient. 
Ihird party payors include, without limi- 
tation, Medicaid, Medicare, and private 
insurance. 

Statuloiy Authority G.S. I30A-223. 

.1203 KI.I(;il{I K I'KOMDKKS 

The Demonstration Program may contract 
with local health departments, public and pri- 
vate certified home health agencies, and any 
other public or private organization, institu- 
tion, and agency in order to carry out the De- 
monstration Program mission as set out in 



NORTH CAROLINA REGISTER 



156 



PROPOSED RULES 



Rule .1201 of this Section. Only home health 
agencies participating in the home health ser- 
\ices program under 111 NCAC SA .0200 shall 
be eligible to ctintract for Demonstration Pro- 
gram reimbursement t'unds. 

Stalutotj Aulhority G.S. L^OA-223. 

.1204 1 IN ANCI \I Kl ICillMlir^ 

(a) Demonstration Program reimbursement 
funds shall be used to pay for in home health 
care services and assessment evaluations pro- 
sided to financiall\ eligible patients. I-inancial 
eligibilit\ shall be detennined by the home 
health agency by a signed declaration of gross 
income and family size by the patient or a 
person responsible for the patient. A patient 
whose gross famih income is 125 percent or 
less of Federal Po\'erty Cjuidelincs shall be fi- 
nancially eligible for full co\erage under the 
program. .A patient whose gross famil\' in- 
come is between 125 percent and 200 percent 
of Federal Po\ert_\ (kiidelines shall be eligible 
for partial coserage as detined in Rule .1206 
of this Section under the program. A patient 
whose gross famils income is 200 percent or 
more o( Federal !'o\ert\ (juidelines is not eli- 
gible for co\erage under the program. Copies 
of the Federal Po\ert\" Cjuidelines may be in- 
spected at or obtained from the Demonstration 
Program Office. P.O. Box 2(>11, Raleigh, 
North Carolina 27602. 

(b) Once a patient is determined to be fi- 
nancially eligible, that eligibilit\ shall continue 
for the duration of the plan of care for the pa- 
tient, up to a maximum of one year. 

(c| Fhe home health agency shall document 
each financial eligibility detemiination on a 
fonn pro\ided by the Demonstration Program. 

(d) Fhe home health agency is authorized to 
require substantiating documentation when 
makint; financial clidbilitN detemiinations. 



.1205 MKDKM. Kl l(;i»II.HA 

.-\ person determined to be at risk for institu- 
tionalization or prolonged or frequenth recur- 
ring hospitalization and w ho is in need of in 
home health care services is eligible for services 
under this program. 

Sidtutflfy Auihoriiv G.S. 130.1-223. 

.1206 HM.MNC; 11 IK OKMONS IRAl ION 
PKOC.K AM 

(a) If a patients gross laniih income is 125 
percent or less of Federal Po\'ert_\ (juidelines. 



the home health agency may bill the Demon- 
stration Program Reimbursement Rate (Rule 
.1202). 'Fhe agency may not bill a patient in 
this income category. 

(b) If a patient's gross family income is be- 
tween 125 percent and 200 percent of Federal 
Po\erty Guidelines, the home health agency 
may bill the program as follow^s: 

(1) 85 percent of the Demonstration Pro- 
gram Reimbursement Rate if the pa- 
tient's gross family income is between 
or includes 126 percent and 140 percent 
of Federal Poverty Guidelines. The 
patient is responsible for the remaining 
15 percent of the Demonstration Pro- 
gram Reimbursement Rate; 

(2) 70 percent of the Demonstration Pro- 
gram Reimbursement Rate if the pa- 
tient's gross famil\ income is between 
or includes 141 percent and 155 percent 
of Federal Poverty Guidelines. The 
patient is responsible for the remaining 
30 percent of the Demonstration Pro- 
gram Reimbursement Rate; 

(3) 55 percent of the Demonstration Pro- 
gram Reimbursement Rate if the pa- 
tient's gross famih' income is between 
or includes 156 percent and 170 percent 
of Federal Poverty Guidelines. 'Fhe 
patient is responsible for the remaining 
45 percent of the Demonstration Pro- 
gram Reimbursement Rate; 

(4) 40 percent of the Demonstration Pro- 
gram Reimbursement Rate if the pa- 
tient's gross family income is between 
or includes 172 percent and 185 percent 
of Federal Poverty Guidelines. The 
patient is responsible for the remaining 
60 percent of the Demonstration Pro- 
gi'ain Reimbursement Rate; or 

(5) 25 percent of the Demonstration Pro- 
gram Reimbursement Rate if the pa- 
tient's gross family income is between 
or includes 186 percent and 199 percent 
of Federal Po\crty Guidelines. The 
patient is responsible for the remaining 
75 percent of the Demonstration Pro- 
gram Reimbursement Rate. 

Stau/tofj Aulhority G.S. I30A-223. 

.1207 KAIF.S OV KKIMIJLKSK.MF.M 

(a) Home health agencies that contract for 
reimbursement funds shaU be reimbursed for 
in-home health services pro\ided to ehgible 
patients in an amount and percentage based 
on the Demonstration Program Reimburse- 
ment Rate in effect at the time service is ren- 



/5- 



i\'ORTH CAROLINA RECLSTER 



PROPOSED RULES 



dcrcd, as specified in Rule .1202 of this 
Section. 

(b) (Claims for reimbursement from Demon- 
stration Program must be documented and re- 
ported on a quarterly basis on a fonn pro\ided 
by the program. No claims for reimbursement 
will be accepted by the Demonstration Pro- 
gram more than ISO days after the date of de- 
liver)' of .senices. If after charging the 
program, the agency receives pa\ment from 
the patient or other third parts that would re- 
sult in the agency recei\ing more than the De- 
monstration Program Reimbursement Rate, 
the agency shall reimburse the program the 
ditlerencc between the total amount reim- 
bursed from all sources and the I^emonstration 
Program Reimbursement Rate. 

Slaluioiy Aiitlunity G.S. IJOA-OJS. 

.I20S KKIMUl KSKMI NT I I M)S: IIIIKI) 
I'AKI ^ l'A\()KS 

Demonstration Program reimbursement 
funds shall be used to pay for services not re- 
imbursed by a third party pa\or. A contract- 
ing home health agency must take reast)nable 
measures to detennine and subsequently col- 
lect the lull legal liabilitN of third party payors 
to pay tor services reimbursed liy the progiam 
beU)re requesting pa\inent from the Demon- 
stration i'rogram. 

Suiimoiy Authoriiy G.S. 1 30 A- 223. 

.1209 MOMIOKING 

Pach home health agency recei\ing re- 
imbursement funds shall submit the following 
intoimation in a fonn as prescnbed by and in 
the time frames established in the contract: 

(1) Demonstration IVogram quarterly report; 

(2) Demonstration Program annual report; 
(.1) Quarterly expenditure report; 

(4) Report the fairly e\aluated cost of unre- 
imbursed care provided to patients eligible 
for the Demonstration Program; and 

(5) Other information necessary for the ef- 
fective administration of the Demon- 
stration Program. 

Staluloiy Auihority G.S. 1 30 A- 223. 

.1210 .M DllS 

Agency financial and statistical records, pa- 
tient records, and any other pertinent infor- 
mation may be audited by the state as part of 
the overall monitoring and evaluation effort. 

Statutoiy Auihority G.S. I30A-223. 



.1211 SI'KCI AL I'KOMSIONS 

(a) p]ach home he.dth agency contracting for 
reimbursement funds must provide, bv itself 
or from other non-federal sources: 

(1) An amount of in-home health care ser- 
vices equal to not less than twenty-five 
dollars ($25.00) for each seventy-five 
dollars ($75.00) of first year Demon- 
stration Program reimbursement funds 
expended under the contract; 

(2) An amount of in-home health care ser- 
vices equal to not less than thirty-five 
dollars ($35.00) for each sixty-five dol- 
lars ($65.00) of second year Demon- 
stration I'rogram reimbursement funds 
expended under the contract; and 

(3) An amount of in-home health care ser- 
vices equal to not less than forty-five 
dollars ($45.00) for each fifty-five dol- 
lars ($55.00) of third year Demon- 
stration Program reimbursement funds 
expended under the contract. 

(b) Each home health agency contracting for 
reimbursement funds shall assure that individ- 
uals 65 years of age and over shall comprise 
not less than 25 percent of the individuals re- 
cei\mg in-home health care sen'ices under the 
contract. 

(c) First year Demonstration Program funds 
in an amount not less than 10.5 percent of the 
total federal financial assistance shall be made 
available to support Demonstration Program 
activities and services for innovative, inte- 
grated, and coordinated ways to serve migrant 
farm workers and AIDS patients within their 
individual living enviromnents. 

Statutory Aulhoriiv G.S. I30A-223. 



•k -k -k -k -k -k -k 



k-k-kkkk-k-k-k-k 



lyoticc i.s hereby given in accordance with G.S. 
I SOB- 1 2 that the Dcpartmenl of Human 
Re.'^ourcesiDivi.sion of Medical Assi.stancc in- 
tends to amend nde(s) cited as JO NCAC 26H 
.0/02 and .0204. 

1 he proposed effecti\'e date of this action is 
August J, 1 989. 

1 he public hearing will be conducted at 1 :30 
p.m. on May 14. I9S9 at North Carolina Divi- 
sion of Medical Assistance, I9S5 Umstead 
Drive, Room 201, Raleigh, North Carolina 
27603. 



NORTH CAROLINA REGISTER 



158 



PROPOSED RULES 



c 



oinmcnl Pioccdurcs: Wriltcn cnmincnts 
conccrnini^ t/wse amcmlincnls must be submit- 
ted by May 14. 1 989 to: Director. Division of 
Medical Assistance, /9S5 L f>istcad Drive. Ra- 
lei^h. \.C. 2'^603. Oral comments /nay be 
presented at llie liearin'^. In addition, a fiscal 
impact statement on these tide amendments is 
available upon written ici/uesi from the same 
address. 

(II M'll K 26 - MKniCM ASSISTANCK 

SI H( II Al'IKR 261 1 - KKIMIU KSKMFAT 
IM ANS 

SKCnON .0100 - RUMUl KSKMKM lOK 

Skll I II) M KSIN(. I \( IIHA AM) 

IMKRMKDI MK ( \KK I \( II I M SKK\ l( KS 

.0102 KAIKSKI IIN(; MIIIIODS 

(I") A smulc all-inL-|usi\c prd-'pcclnc per diem 
rate inckKlinL; holli direct aiid indirect cost 
coinponentN ctn he iie'-iciliated tor tacilities that 
speciali/e rn pro\'idini: intensne ser\ ices lor 
liead-in|ured or \entilator-deiieiident patients. 

1 he rale ma\ exceed the maximum rate appli- 
cable to 111 her S\ I and 1(1 ser\ ices. I o 
quality . a laciliU must dcMiinale at_ least 50 
liercent *2I 2^ ill lii I'cx'nsed beds lor either 
head-iniurx' or \ enlilator serMces. A complete 
description ol_ t_he speciali/ed iiroj'am must be 
l^ro\ ided. A pro\Kler s initial rale is neuoliated 
based on biklLiet proiections o| rex enues. al- 
lowable C(^st. patient da\ s. slallini: and \\aL;es. 
Subsec|uent rates are detemnned bv appK itil; 
the aNcraiie annual S N I • and K 1 a>.l|Ustmcnt 
lactors to t_he rale or cost m the pre\ious \ear. 
Cost reports lor these sei'\ ices must be tiled m 
accordance with the rules m Rule HI 1)4. but 
there will be no cash settlements tor an\ dif- 
lerences betweeii costs and pa\ inents. 

Aiiihoriiv (i.S. l<>sA-:5ibi: l(l'^A-54: 
/OSA-55: S.I.. 1985. c. 479. s. S(,: 42 C.F.R. 
447' Subpart (.'. 

SK( HON .0200 - IIOSI'II \l IM'AIIKM 
RH\im RSIMIM I'l A\ 

.0204 \I)MIMS I R A ri\ I, Al'I'i: MS 

ftJ-f I' lale appeal" ct+h- l*e coH ' odoied t<-i+ ho '. 
[•"ittil '. ■l Or' i inu i+ di '' inoi"ioitionale ■■ lun e h4 tt+w 
inc>>m e piili e nt '. ' . s ilh ■. pt ' cial n ee d -. . A 4^-- 
|iropoitionati. ' -. hart ' t^ mcd ' aired by rt eoinbi 
luilion t-i+ total XK ' dicakl i\" . cnue '' . brt4 llebt ' ^ 
H+i4 cluiriU ertfr' rt^ rt peiceiitaLiL ' rt4- gro '.'. pw- 
li e nl l e i if nu e-' . 1 hi -, linvinc i al inlormation 
niU '. t br* ■■ iibirnttod i+»- c+ pre '^ cnbed lorm Wvf- \^ 



mo '. t rc ' cently compl e t e d fi -' Cal year J+*f ' i vhich 
iiidi ' pL ' iidently audited financial L i tuluinent! . ttfe' 
available. U a- lH" ' pitar ' j r . harc' el lo' i V income' 
p^itient ' . T L ' xcc'ed ' . ' I' l Hcnty p e rcent t4 gro 'i ! . pa- 
tic'iit rescnuc" . . k- jt. eligible te- r e ceise »«■ m- 
crcHi 'i C. HtH te- e.xceed (+¥«» peMcent h+ rt* 
Medicaid pt^^ diem rate, l iubj e ct k+ At* limit 
defined wi (-e-> (-4 t+Ht- I ' lule. 4-bf di i^ propor 
lionale ■' hare I ' latui . (-4 a lio - pitiil inu '' t W tr^ 
' l alidated each \ ear ba^ed t-H+ At* mo 'i t recent 
Imuncial intonnation available. 

ftH A- luvpital; . adjusted F»tt* fof am- t4 t4w 
rea^ . oH ' i cited wt th+s S e ction cannot e.\ceed » 
ft+fe limit te- bf consulted by aiiplving (+h? 
method '. dc ' Cribed h* I ' lule ■ <i 2n2(b) »h4 ^ to 
t4+t^ ho ' - ' pital '' allovsable .Medicaid «*^ vi\ the 
mo -' l recent et**4- report available. (Jnly ewe 
appeal W+J4- be coi^ ' idered during t4*«^ H+te pe- 
nod. i\djU '' tment '' t^rW- br* applied r e trOLictisely 
k* t4+e mo '' t recent 4+4y 4- fwtt» e lf e cti' . e date. 
b«t- cannot be ap[ilied te- pr e siou -. li ' jcal ; i earL i . 
(d ) .\ hospitals adjusted rate for one or more 
c4 the lactors cited in the Paraizraphs (a) - [c] 
o[ this Rule cannot exceed a rate limit com- 
puted bv apphinL: the methods descnhed m 
Rule .02(12 (b) and ic] ot' Um Subchapter to 
the hospital s allowable Medicaid cost iri the 
most recent annual cost report a\ailable. 

(e) 1 lospiials that ser\'e a disiiroportionate 
share iM low -income patients are eligilile to re- 
cei\ e rate ad|iislmenls. A hosjsitgl is deemed 
to i2£ i dispropoilionate share hospital if^ 
( I ) 1 he hosi^itals Medicaid inpatient utili- 
zation rate, defined as the percentai^c 
resulting Irom dnidin^ Medicaid patient 
da\s bv total patient da\ s. is at least one 
standard de\'iation abo\e the mean 
Medicaid inpatient utilization rate lor 
all hospitals that receue Medicaid pay- 
ments in the state: or 
(2) 1 he hospital s low-income utilization 
rate exceeds 25 percent. The low-in- 
come utilization rate is the sum of 
(.\) the ratio of the sum oj_ Medicaid in- 
patient rewnues plus cash subsidies re- 
cei\'ed Irom the State and ku'al 
gON'eniments. di\ ided bv the hospital's 
total patient rexenues: and 
(B) the ratio ot_ ijie hospital's gross inpa- 
tient charges lor chantv care less the 
cash subsidies for inpatient care re- 
cei\ ed Irom the Si ale and local iioNcm- 
ments. di\ klei-l bv the hospital s total 
inpatient chariies: or 
the sum of the hospital's .Medicaid re- 
\ enues. bad debts allowance net of re- 
co\ eries. and charit\ care exceeds 20 
percent of gross patient re\enues: and 



(ii 



/.i9 



NORTH CAROLINA REGLSTER 



PROPOSED RULES 



(4) the licspital has at least 2 cibstetricians 
witli stall pnsileizes at^ the hcispital who 
ha\e aszreed to provide obstetnc seniccs 
to indi\iduals eligible lor Medieaid In 
the case of a luxspital kKaled in a rural 
area, the term obstetrician includes any 
physician with stall pn\ileiies at the 
hospital to perlonn non-emeruencv ob- 
stetnc procedures. I his requirement 
does not appK to a hospital which did 
not oiler non-emeruenc\' obstetnc scr- 
\ices as of December 21, l')N7 or to a 
hospital that predominantly serves in- 
dividuals under IX \ears of aae. 
(F) I he rate adjustment for a dispropor- 
tionate share lu^sj-iiial is equal \o_ the hmher of 
the percent aiic atl|uslinent recei\ ed in the fiscal 
year NST-XX or 2S_ percent plus one-lourlh of 
one percent tor each percent ai;e pi^int that a 
hospitals Medicaid inpatient utilization rate 
exceeds one standard dc\ lation cM the mean 
Medicaid inpatient ulili/.ation rale m the Slate. 
The rate adjustment is applied Ui a hospital's 
pa\ ment rale exclusne (M an\ previous dis- 
proportionate share adjustments, 
(e) l^ale adiusimenls are considered based on 
the most recent anniKil cost repoil . audited fi- 
nancial statements w hen necessaiN and other 
required inlonnation as subnntled b\ a Ik 



tal provider. An ad|ustment cannot be made 
it the necessary inlormatuMi is not submitted 
or d the infoimatit'in i^ incoin[ilele or incorrect. 
A rate adjustment can be applied retroactncK 
to the m(^st recent .lulv J_ effective date, but 
cannot be applied to ;iieyious fiscal years. 

Aulhoritv (i.S. /0SA-25(b): /OSA-54; 
/0,SA-55: I50B-II: S.L. 198!), c. 479, s. 86: 42 
C.I'.R. 447. Subpart C. 

Tiru: 15 ni P AR IMIAT OF NATl RAL 

RESOLR( IS AM) ( OMMIMTV 

DKMI.OPMKM 



lyoticc is hereby ^h-cn in accordance wit/i G.S. 
I SOB- 1 2 that the linvirunmcntal Management 
Commission intends to amend nde(s) cited as 
15 NCAC 21) .0101. .0104, .0401. .0404. .0407, 
.0501, .0511. .05/6. .05/9. .0524 - .0525. .0550 
- .0532, .090/, .090.1 .09/2 - .09 /.I .09/7 - 
.0938. .094/. .0943: and /5 NCAC 2/1 .060/. 
.0603, .0606. 

J he proposed efl'ecti\-e date of this action is 
September /. /989. 



1 he pub/ic /waring wi// be conducted at 2:00 
p.m. on May 19, /989 at Ground Iloor Hearing 
Room, Arclida/e Bui/ding, 5/2 North Sa/isbury 
Street, Ra/eigh. North Carolina. 

C- omment Procedures: A II persons interested 
in t/iese matters are imited to attend tlie public 
hearing. Persons desiring to comment on the 
proposals are requested to give written notice 
thereof on or before the /tearing date. Any 
person desiring to present lengt/iy comments is 
requested to submit a written statement for in- 
clusion in the record of proceedings at the public 
hearing. The record of proceedings will remain 
open for 30 days following t/ie hearing to recer\'e 
additional written statements, '/'o be included, 
t/ie statement must be received by the Depart- 
ment within 30 days after the hearing date. 
.Additional information concerning the /learing 
or the proposals /nay be obtained by contacting: 
,\/r. I'homas C. .Mien 
Dhision of Environmental Management 
P.O. Box 27687 
Ra/eigh, North Carolina 276// -7687 
(9/9) 733-3340 

( MAl'riK 2 - KN\ IKONMKM Al. 
MANAGEMENT 

SI BCHAPIIK 2D - .MR I'OLI.l TION 
CON IKOI. KKQl I KIM EN IS 

SECTION .0100 - DEEINiriONS AND 
REFERENCES 

.0101 DEEINEIIONS 

The definition of any word or phrase used in 
Regulations of this Subchapter is the same as 
given in Article 21, Chapter 14.? of the General 
Statutes of North Carolina, as amended. I'he 
following words and phrases, which arc not 
defined in the article, have the following me- 
aning: 

( 1) f4^ "Act" means "The North Carolina 
Water and Air Resources Act." 

(2) f^ "Air pollutant" means particulate 
matter, dust, fumes, gas, mist, smoke, va- 
por, or any other air contaminant. Water 
vapor iji n(^t considered an air pollutant. 

Qj_ f^ "Ambient air" means that portion of 
the atmosphere outside of buildings and 
other enclosed structures, stacks or duels, 
and which surrounds human, animal or 
plant Hfc, or property. 

(4) "Approved" means approved bv the 
[director o[ the Division of Inv ironmental 
Manaaement. 



NORTH CAROLINA REGISTER 



160 



PROPOSED RULES 



(5) ''Capture s\ stern" means the equipment 
(lUchKlim: IichhIs. ciuets. laus. etc) used to 
contain, capture. (2r transpcirt a pollutant 
to a control dcMce, 

{±1 9M "CIK" means "Code of 1-ederu! 
Regulations." 

(1) f+Uf "Combustible matenal" means any 
substance which, when ignited, will bum 
in air. 

(H) f^% "ConstRiction" means any physical 
change, including fabricatii)n, crectit)n, 
installation, change in method of opera- 
tion, or modification, of a facility, source, 
or air pollution control ec]uipment. 

(9) "Control device" means equipment 
(tume incinerator, adsorber, absc^rber. 
scrubber, tillermedia. c\clone. electrostatic 
precipitator, or the like) used to destrov 
or remcn e air pollutant! s) pnc^r to dis- 
charL!e to the ambient air. 
(10) "I^a\" me, Ills a 24-hoiir penotl bcLiin- 



niiiL; at midniLiht. 



(11) fX^ "Director" means the Director of the 
Division of Environmental Management 
unless othenvise specified. 

(12) (4-^ "Dustfall" means particulate matter 
which settles out of the an and is ex- 
pressed in units c>f grams per square meter 
per .^O-day period. 

( 1.^) "Imission" me.ins the rele.ise or dis- 
charge, whether directh' or indirect 1\. o[ 
an\ air |sollutant into the ambient air Irom 
am source. 

( 14) (-4Uf "1 acilit\ " means all of the pollutant 
emitting acti\ities that are located on one 
or more contiguous or adjacent properties 
and that are under the control of the same 
person or persons under common control. 

(15) f44-^ "1"R" means I'ederal Register. 

(16) Qri^ "Iugiti\e emission" means those 
emissions which could not reasonably 
pass tlirougli a stack, cliimncy, vent, or 
other functionally equivalent opening. 

(17) f44-)- "Fuel burning cc]uipment"' means 
equipment whose primar}' purpose is the 
production of energy or power from the 
combustion of any fuel. Tlic eciuipment 
is generally used for, but not limited to, 
heating water, generating or circulating 
steam, heating air as in warm air furnace, 
furnishing process heat by transferring 
enerszs b\ fiuids or throuiih process \essel 
waIls^' 

( ISi) f4+ "Garbage" means any animal and 
\egetable waste resulting froin the handl- 
ing, preparation, cooking and serving of 
food. 



( 19) (4) "Incinerator" means a device de- 
signed to bum solid, liquid, or gaseous 
waste material. 

(20) f4f "Opacity" means that property of a 
substance tending to obscure vision and 
is measured in terms of percent obscura- 
tion. 

(21 ) (-t4f "Open burning" means any fire 
w liose products of combustion are emit- 
ted directly into the outdoor atmosphere 
without passing through a stack or chim- 
ney, approved incinerator, or other similar 
device. 

(22) (44-^ "Owner or operator" means any 
person who owns, leases, operates, con- 
trols, or supervises a facility, source, or air 
pollution control equipment. 

(2.^) f44-^ "Particulate matter" means any 
material except uncombmed water that 
e.\ists in a finely divided tonn as a liquid 
or solid at standard conditions. 

(24) (-5X^ "Particulate matter emissions" me- 
ans all finely divided solid or liquid mate- 
n;d, other than uncombmed water, 
emitted to the ambient air as measured by 
methods specified in this Subchapter. 

(I'i) f44+ "Pennitted" means any source sub- 
ject to a pemrit under tins Subchapter or 
Section 15 NCAC 211 .0600. 

(26) "Person" means an\ indiv idual. part- 
nership. co-|iai1ncishi|i. linn, company, 
corpus atuMi. asscK'iation. unnt stock com- 
pan\ . trust, estate, political subdivision, 
or any other legal entity, or its legal rep- 
resentative, agent or assigns. 

(27) (44^ "P.MIO" means particulate matter 
with an aerodynamic diameter less than 
or equal to a nominal ten micrometers as 
measured by methods specified in this 
Subchapter. 

(25) f^^ "P.MIO emissions" means finely di- 
vided solid or liquid material, with an 
aerodynamic diameter less than or equal 
to a nominal ten micrometers emitted to 
the ambient air as measured by methods 
specified in this Subchapter. 

(29) fi^ "Refuse" means any garbage, rub- 
bish, or trade waste. 

(,^0) (-^ "Rubbish" means solid or liquid 
wastes from residences, commercial es- 
tablishments, or institutions. 

( .M ) f44+ "Rural area" means an area which 
IS primarily devoted to, but not necessarily 
limited to. the following uses: agriculture, 
recreation, wildlife management, slate 
park, or any area of natural cover. 

(32) f4-H "Salvage operation" means any bu- 
siness, trade, or industry engaged in whole 



1(^1 



iXORTH CAROLL\A REGISTER 



PROPOSED RULES 



or in part in salvaging or reclaiming any 
product or material, including, hut not 
limited to, metal, chemicals, motor vehi- 
cles, shipping contamcrs, or drums. 

(33) f?) "Smoke" means small gas-bomc 
particles resulting from incomplete com- 
bustion, consisting predominantly of car- 
bon, ash, and other bumed or unbumed 
residue of combustible matenals that fonn 
a \'isible plume. 

(34) (4^ "Smoke densit\' measuring de\'ice" 
means: 

(a) Ringclmann Chart which is the chart 
published by the U.S. Bureau of Mines 
and described in their Information Cir- 
cular 8333 and on which are illustrated 
graduated shades of grey to black for 
use in estimating the light obscuring 
capacity of smoke; 

(b) the pocket size Ringclmann Chart and 
other adaptations commonly used by 
trained smoke inspectors: 

(c) other equi\alent standards appnned by 
the commission. 

(35) (4^ "Source" means any stationar.' arti- 
cle, machine, process equipment, or other 
contrivance or any tank-truck, trailer or 
railroad tank car from u hieh air pollutants 
emanate or are emitted, either directly or 
indirectly. 

(36) f-1-7-) "Sulfur o.xides" means sulfur dio.x- 
ide, sulfur trioxidc, their acids and the salts 
of their acids. The concentration of sulfur 
dio.xide is measured by the methods spec- 
ified in this Subchapter. 

(37) f-l-S-)- "Total suspended particulate" me- 
ans any finely divided solid or liquid ma- 
terial, except water in uncombined form, 
that is or has been airborne, as measured 
by methods specified in this Subchapter. 

(38) (-3% "Trade wastes" means all solid, liq- 
uid, or gaseous waste materials or rubbish 
resulting from combustion, salvage oper- 
ations, building operations, or the opera- 
tion of an\' business, trade, or industrv' 
including, but not limited to, plastic pro- 
ducts, paper, wood, glass, metal, paint, 
grease, oil and other petroleum products, 
chemicals, and ashes. 

(3*31 (-2+)- "ua" means microarams. 



SlalulotT AullunilY 
l43-2153(al{l). 



G.S. 



14^-2 /.\- 



.0104 .\nOPTION l?V RF.I ERI NCK 
I rOAIKS 

(a) I'he Code of Federal Regulations adopted 
by reference in this Subchapter shall automat- 



icallv include any later amendments thereto as 
allowed by G.S.' 1501)- 14(c) with the follow- 
ing exceptions: 

( 1 ) llowovcr, New typoo categories of 
sources in 40 CFR Part 60 and 61 for 
which new source performance stand- 
ards or national emission standards for 
hazardous air pollutants have been 
promulgated by TPA; *w He4- auto 
mutioally included m thow Rcgulationn. 
Thc ' -iL' fh^w t; i por i ef r . ourcc ' r i ;. hull bt» 
udoplod *^ p*h4- t4 Regulation .052 I e* 
.0525 trf A» S e ction udng Fwii* making 
procodurc';: ' . 

(2) The Code of Federal Regulations when 
relerenced m Rules .0530, .0531, and 
.0532 of this Subchapter. 

(b) New categories of sources in 40 CFR 
Part 60 and 61 for which new source pertbnn- 
ance standards or national emission standards 
tor hazardous air pollutants have been pro- 
mulgated b\ 1 l'.\. if and when adopted, shall 
be adc'pted as part of Rule .0524 or .0525 of 
this Subchapter using rule making procedures. 

(c) I he version of the referenced Code of 
Federal Regulations in Rules .05311, .0531. and 
.1)532 of this Subchapter is that as of .Januarv 

Siatutoij Authority G.S. I50B-14. 

SKCnON .0400 - AMI5IF.N r AIK Ql ALH"\ 
STANDARDS 

.0401 PURPOSE 

(a) The purpose of the ambient air quality 
standards set out in this Section is to estabhsh 
certain maximum Limits on parameters of air 
quality considered desirable for the preserva- 
tit)n and enhancement of the quality of the 
state's air resources. I'urthermore, the objec- 
tive of the commission, consistent with the 
North Carolina Air Pollution Control Faw, 
shall be to prevent significant deterioration in 
ambient air quality in any substantial portion 
of the state where existing air quality is better 
than the standards. An. atmosphere in which 
these standards are not exceeded should pro- 
vide for the protection of the public health, 
plant and animal life, and property. 

(b) Cjround level concentrations of poUutants 
will be determined by sampling at fixed lo- 
cations in areas be>ond the premises on which 
a source is located. The standards arc appli- 
cable at each such samplmg location in the 
state. 

(c) No source of air pollution shall cause any 
ambient air quality standard in this Section to 



NORTH CAROLINA REGISTER 



162 



PROPOSED RULES 



be exceeded or eoiitnhutc to a \ioljtion of an\' 
ambient air uiialit\ standard iii this Seetion 



exeept as allowed bv logics .H531 or .11532 of 
this Siibcliapter. 

Statuloiy Authoiily G.S. 143-21 5.3ial( 1 ); 
143-215. liV(a)(3). 

.0404 C AKIWN MONOXIDK 

(a) The ambient air quality standards for 
carbon monoxide are: 

(1) ^ parts per million (_ 10 milligrams per 

cubic meter j (^ p. p.m.) maximum 
eight-hour as'erage concentration not to 
be exceeded more than once per year. 

(2) 35 parts per million (_ 40 milligrams per 

cubic meter i (-t»-^ p. p.m.) maximum 
one-hour a\era'-:c concentration not to 
be exceeded more than once per year. 

(b) Sampling and analysis shall be in ac- 
cordance with procedures in Appendix C 40 
C7I R Part 50 or equi\alcnt methods estab- 
lished under 40 Cb'R Part 53. 

(c) .An eiuht-hi-uir a\ craize shall be considered 
\alid \{_ at least 75 percent of the hourh' aver- 
ages for t]ie eight -hour penc^d are asailable. 
In the e\cnl that on\\ six or se\en hourh" av- 
craLies are a\ ailable. the eiLihl-hour a\craL;e 
shall be computed on the basis o[' the hours 
available usiiil: six or se\ en as Uie di\ isor. 

(d) When summan/ing data lor companson 
with the standards, averages shall be stated to 
one iieeimal place. Comparison oi_ the data 
w ith the lev els of the standards m parts per 
million shall be made rn tenns o{_ inteiiers with 
fractional parts iM 0_5 or greater roundinL! up. 

Slaiuloiy Authority G.S. 143-21 5.3ia!( I ); 
143-215. 1(ria)(3l'. 

.0407 miko(;kn dioxidk 

(a) The ambient air quality standard for ni- 
trogen dio.xide is 0.053 parts per Tnillion [ 100 
micrograms per cubic meter ] ( i i.H5 p. p.m.) 
annua! arithmetic mean. 

(b) Sampling and anahsis shall be in ac- 
cordance with procedures in Appendix V 4f) 
CFR Part 50 or equivalent methods estab- 
lished under 40 CFR Part 53. 

(c) The standards are attained when the an- 
nual anlhinetie mean eoncenlialion m a cal- 
endar V ear i_s less than or equal to I). 053 pails 
per million, rounded to three decimal places 
(fractional pails equal to or '-ireater than n(lii5 
parts per million are rounded up). To dem- 
onstrate attainment, an annual mean must be 
based on hourh data that are at_ least 75 per- 
cent complete or on data derived Irorn manual 



methods that arc at least 75 percent complete 
for the scheduled sampling days m each calen- 
dar quarter. 



Statutory Aulhoritv 
143-215. I07{a)(3l'. 



G.S. l43-2l5.3(a)(l); 



SECTION .0500 - F.MISSION CONTROL 
SIANDARDS 

.0501 COMPLIANCF. WITH EMISSION 
CONTROL STANDARDS 

(c) Testing to detennme compliance shall be 
m accordance with the' foUowing procedures, 
except as may be otherwise required in Regu- 
lations .0524, .0525, and .0604 of this Sub- 
chapter: 

(3) Sampling procedures for dctennining 
compliance with particulate emission 
control standards shall be in accordance 
with Method 5 of Appendix A of 40 
CFR Part 60. Method 27 of Appendix 
A of 40 CFR Part 60 mav be used uv 
stead of Method 5 provided that the 
stack gas temperature does not exceed 
320' F. The minimum time per test 
point for particulate testing shall be two 
minutes and the mmimum time per test 
run shall be one hour. I'he sample gas 
drawn during each test run shall be at 
least 30 cubic feet. A number of 
sources arc known to emit organic ma- 
terial (oil, pitch, plasticizers, etc.) which 
exist as finely divided liquid droplets at 
ambient conditions. Ihese materials 
camiot be satisfactorily collected by 
means of the above .Method 5. In these 
cases the commission will rescr\e the 
option to require the use of .Method 5 
as proposed on August 17, 1971, in the 
Federal Register, Volume 36, Number 
159. 

Statuion' Authoiitv G.S. 143-2l5.3(a)( I ); 
143-215. nr(a){5i'. 

.0511 PARTICULATES FROM 

ii(;inwFiGiiT a(;(;rfgate 

PROCESSES 

(a) A person shall not cause, allow, or permit 
any material to be produced, handled, trans- 
ported or stockpiled without taking measures 
to reduce to a minimum an_v particulate matter 
from becoming airborne. 

(b) Ihe owner or operator of the plant shall 
maintain dust control of the plant premises 
and access roads which he controls bv' paving, 
oil treatment, or other suitable measures. 



16.^ 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) All stone crushing operations shall em- 
ploy a water spray over the crusher. 

(d) Particulate matter from any stack serving 
a kiln or dryer shall be reduced by at least 95 
percent by weight before being discharged to 
the atmosphere. The 95 percent reduction 
shall be by air pollution control devices. Wte 
omifi ' .iions ef sulfur dioxide from any kii» ef 
dr> ' L ' r ' iholl Ho4- oxcL > L>d 3:4 pounds p^ million 
HTU heat input. 

Statutory Authority G.S. I43-2l5.3(a)( I ); 
143-215. 107(a)(5). 

.0516 SI I.Fl R DIOXIDE KMISSIONS FROM 
COMULSTION SOI RCES 

(a) r.mission of sulfur dioxide from t4*« anv 
source of combustion ef » ffcH4 ef fuels that is 
discharged from any vent, stack, or chimney 
shall not exceed 2.3 pounds of sulfur dioxide 
per million B lU input. Sulfur dioxide formed 
bv the combustion of sulfur in fuels, wastes, 
ores, and other substances shall be included 
when determining compliance with this stand- 
ard. Sulfur dioxide formed or reduced as a re- 
sult of treating flue gases with sulfur trioxide 
or other materials shall also be accounted for 
when determining compliance with this stand- 
ard. 

(b) A source subject to an emission standard 
for sulfur dioxide in Regulation .1)524 or .0525 
of tliis Section shall meet that standard. 

Statutoiy Authority G.S. 143-21 5.3(a)( I ); 
143-215. 107(a)(5). 

.0519 COM KOL OF M I KOGEN DIOXIDE 

AND mtro(;e\ oxides emissions 

(a) The emissions of nitrogen dioxide shall 
not exceed: 

(1) 0.6 pounds per million BITJ of heat 
input f»ef hour from any oil or gas-tired 
boiler with a capacity of 250 million 
B 1 U per hour or more; 

(2) 1.3 pounds per million BITJ of heat 
input pef hour from any coal-fired 
boiler with a capacity of 250 million 
B rU per hour or more; 

(3) 5.8 pounds per ton of acid produced 
from any nitric acid manufacturing 
plants; 

(4) 5.8 pounds per ton of acid produced 
from any sulfuric acid manufacturing 
plant. 

(b) Ihe emissions of nitrogen oxides shall 
not exceed: 

( 1 ) 0.8 pounds per million BTl.' of heat 
input from anv oil or gas -fired boiler 



with a capacity of 250 million BTU per 

hour or more; 

(2) 1.8 pounds per million BTU of heat 

input from any coal-fired boiler with a 

capacity of 250 milUon BTU per hour 

or more. 

(c) The emission limit for a boiler that bums 

both coal and oil or gas in combination shall 

be calculated by the equation E ^ [(Ec) (Qc) 

ilEoii(M[C2t 

(1) E = the emission limit for combination 
in Ib/miUion BTU. 

(2) Ec _^ emission limit for coal only as 
determined by Paragraph (a) or (b) of 
this Rule in lb/million BTU. 

(3) Eo = emission limit for oil or gas as 
determined by Paragraph (a) or (b) of 
this Rule in Ibmillion B lU. 
Qc = the actual coal heat input to the 
combination in B lU/hr. 
Qo = the actual oil and gas heat input 
to the combination in BTU/hr. 
Qt = Qc + Qo and is the actual total 
heat input to the combination in 
BTU/hr. 



(ii 
(51 
(61 



Statutory Authority G.S. l43-2l5.3(a)( I ); 
143-215. 107(a)(5). 

.0524 NEW SOI RCE I'ERFORM.ANCE 

standards 

(a) Sources of the following types when 
subject to new source performance standards 
promulgated in 40 CFR Part 60 shall comply 
with the emission standards, monitoring and 
reporting requirements, maintenance require- 
ments, notification and record keeping re- 
quirements, performance test requirements, 
test method and procedure provisions, and any 
other provisions, as required therein, rather 
than with any otherwise-applicable regulation 
in this Section or Section .0900 of this Sub- 
chapter which would be in conflict therewith: 

(58) rubber tire manufacturing industry (40 
CFR 60.1 to 60.39 and 40 CFR 60.540 
to 60.549, Subpart BBB); 

(59) industrial surface coating: surface 
coating of plastic parts for business 
machines (40 CTR 60. 1 to 60. .'^^ and 
40 CFR 60.720 to 60.729, Subpart 
riT); 



(60) magnetic tape coating facilities (40 
CFR 60.1 to 60.39 and 40 CFR 60.710 
to 60.719. Subpart SSS); 

(61) volatile organic compound emissions 
from petroleum rcfmcrv' wastewater 
systems (40 CFR 60.1 to 60.39 and 40 
CFR 60.690 to 60.699, Subpart QQQ). 



NORTH CAROLINA REGISTER 



164 



PROPOSED RULES 



(b) All requests, reports, applications, sub- 
mittals, and other communications to the ad- 
ministrator required under Paragraph (a) of 
this Regulation shall be submitted to the I'n- 
\ironmcntal Management Commission rather 
than to the linvironmental Protection Agency. 

(c) In the application of this Regulation, de- 
finitions contained in 40 CI'R Part 60 shall 
appK rather than those of Section .0100 of this 
Subchapter when conflict exists. 

(d) Paragraphs (4h a«*i f»H (a) and (b) of 
Regulation .0601 of Subchapter 211 of this 
Chapter are not applicable to any source to 
which this Regulation applies. The source 
shall apply for and receise a pem^it as required 
m Paragraph ^ (cj of Regulation .0601 of 
Subchapter 211 of this Chapter. 

Sliitulon Auihorilv G.S. 143-21 5.3{a)( I j; 
143-215. I0''(a)(5)'. 

.0525 NAIIONAl. KMISSION STANDARDS 
FOR ll.\/.ARDOl S AIR POl.Il lANTS 

(a) Sources emitting pollutants of the fol- 
lowing t\ pes w hen subject to national emission 
standards for hazardous air pollutants promul- 
gated m 40 C:i'R I'art 61 shall comply with 
emission standards, monitoring and reporting 
requirements, maintenance requirements, no- 
tification and record keeping requirements, 
pertomiance test requirements, test method 
and procedure pro\isions, and any other pro- 
visions, as required therein, rather than with 
an\ otherwise-applicable regulation in this 
Section or Section .0900 of this Subchapter 
which would be in confiict therewith: 

( 1 ) asbestos (40 CI- R 61.01 to 61.10 and 
61.140 to 61.156, Subpart M); 

(d) Paragraphs f44 wni (4^ (aj and [b) of 
RegulatuMri5 NCAC 211 .0601 arc not appli- 
cable to an> source to which this Regulation 
applies. The source shall apph tor and recei\e 
a pennit as required in Paragraph f*| [c| of 
Regulation 15 NCAC 2H .060^1. 

Staiutoir Auihorilv G.S. l43-2l5.3(aj( I ); 
143-213. HVia}(5)'. 

.05J0 PRKVEMION Ol- SIGMIICAM 
DF.TI RIORATION 

(h) Paragraphs (a) and (b) of Regulation 15 
NCAC 2\\ .0601 are not applicable to any 
source to which this Regulation applies. 
Sources to w Inch this Regulation applies shall 
apply for and receive a permit as required m 
Paragraph UM oi Hceulation J5 NC.\C 211 
.0601. 



Siaiulory Authority G.S. 143-2 J 5. 3 (a) (I); 

143-215.107 (a) (3): 143-215.107 (a) (5); 

143-215.107 {a) (7); 143-215.108 (b); 
I50B-I4 (c). 

.0531 SOURCES IN NONATTAINMENT 
ARE.\S 

(a) This Regulation applies to certain new 
major stationary sources and major modifica- 
tions which are located in an area which is de- 
signated by the U.S. Environmental Protection 
Aaency (EPA) to be a nonattainmcnt area, 
as'ef May h 44*^ 

(d) Paragraphs (a) and (b) of Regulation 15 
NCAC 211 .0601 are not applicable to any 
source to which this Regulation apphes. The 
source shall apply for and receive a permit as 
required in Paragraph f»} (£] of Regulation 1 5 
NCAC 211 .060 r. 

(e) To issue a permit to a source to which 
this Regulation applies, the director shaU de- 
termine that the source will meet the following 
requirements: 

(3) T4«» courc e v4li satir . fy w*^ ef Ae fol- 
lowing conditiona l : 

frVi 44*e ' . . ourc (< wiii fto4- caur . c A^ total 
nonuttdinmont pollutant L ' mit i'. ion^ i m 
tiw ¥<?*tf y+tt4- ri- vriW begin operulion Bf 
f . ubooquont VLMrr . k» oaood t+n* grcatc ' r 
pf A*» emii i nionf . Il'vl ' 1 depicted m tin* 
ai''propnat e graph t4 ]\ctual rmi ' jf . ion ' j 
t*f tl+e L'mi ^ i ^i itm level dopictod m t+n* 
graph el Ruar i onublc' burtlior Progre ' Lii. 
Total nonaltainmunt pollutant omis 
■. ion - : . , ber . idt ' f . including the emi ' joiono 
from the Hew- ' . . ourcc ' . vrjll *l^*v includ e 
emi ^'ji ions from i'xi ' . . ling ' . . ourcLT . ttftti 
other r i ourcfj ' i shich *Fe pennitted btrt- 
afe Het- yet- » opL'rulion. 44w appro 
priatc graphri »f lActual I'minoitmr i wmI 
I ' l e a -. onubl e burth^'r Progri ' r .;. *Fe con 
tuinod Ift Si'ction ^ el Ae North Q*- 
rolina State' Implem e ntation Plan fof 
Alf Quality; ef 

f4^ The source will obtain sufficient 
emission reductions of the nonattain- 
mcnt pollutant from other sources in 
the nonattainmcnt area so that the 
emissions from the new source will be 
less than the emissions reductions. The 
baseline for this emission offset shall be 
the actual emissions of the source frt)m 
which offset credit is obtained. Emis- 
sion reductions must not include any 
reductions resulting from compliance 
(or scheduled compliance) with appli- 
cable regulations in effect prior to the 
application. The difference between the 



165 



SORTH CAROLIN.A REGISTER 



PROPOSED RULES 



emissions from the new source and the 
emission reductions must be sufllcicnt 
to represent reasonable further progress 
toward attaining the Ambient /Vir 
Quality Standards. The emissions re- 
duction credits must also conform to 
the provisions of 40 CFR 
51.165(a)(3)(ii)(A) througli (G). 44*e 
roquiromLMit'i ef (4m* •Pth4 may b<* paf- 
tiully V i ui' i L ' d if the SQurcc \^ required to 
be modified a* a re if ult e+ 1 i PA r e jiu 



lutions aft4 ho exemption from nuch 

regulation *! » asuilable <*ft4 only iff 

fi) Ute pennit applicant demoni i trateo 

4«t4- i4- mud tf ite be^ effortii to obtain 

i i ufl'icient emi '. r i ion offf.ets to comply 

v4#t At* Part^ 
(4i4 t+te applicant brtt lie cured all a ' ■ ail 

able emi 'i'i ion olf ; iet '. : at^A 
(tii-)- tbe applicant ¥r+H- continue to ^-eek 

the neci" ' iiary emu i i i iun olToets aft4 

apply th e m wbe» they become a ' ■ ail 

abie- 

Statutorv Aulhoritv OS. l43-2l5.3(a)( 1); 
143-215. I07(al(5): 143-2/5. /OS(b). 

.0532 SOI RCKS ( OM RIIU I l\G TO AN 
WIHIKM' MOLAIION 

(d) Paragraphs (a) and (b) of Regulation 15 
NCAC 211 .0601 are not applicable to any 
source to which this Regulation applies. Ihe 
source shall apply for and receive a permit as 
required in Paragraph (c) of Regulation 15 
NCAC 211 .0601. 

Statutoty Authority G.S. l43-2l5.3(a)( I ); 
143-215. 107(a)(5): 143-2 1 5. 108(b). 

SECTION mw) - N olahik okc.anic 

COMPOUNDS 

.0901 DKIINIIIONS 

For the purpose of this Section, the following 
definitions apply. 

f44 "]\ppro' i ed" meanr i apjiro' i ed by the 
Director t4 the Disi - oon (4 Fnvironmental 
Mtmagement. 

{Or) "Capture r . yr i tom" meanr . the equipment 
(including hood '. , duct '. , fan' i . etc.) U '. ed to 
contain, capture. »f t ran '. port a pollutant 
to a control de' i 'ice. 

( 1 ) "C(Kiting" means .a functional, protec- 
tive, or decorative tilm applied m a thin 
laver to a surface. 



wherein a surface coating is applied, dried, 
and or cured and which include a coating 
applicator and flashoff area and may in- 
clude an oven or associated control de- 
wherein a ourfaco coating 



vices. 



M 



applied, dried, and/or cured. 

f^ ' Conctruction" means commoncomont 
»f ©ft site fabrication, erection, &f iniital 
lation »f aft emiooion source aif pollution 
control equipment, ef a facility. 

(4) "Control dc i ico" moans e quipment (4ft- 
cinorator, adsorber, ef the like) used to 
destroy ef remove atf pollutant(s) prior to 
discharge to tbe ambient aifr 

(4) f?) "Continuous vapor control system" 
means a vapor control system which treats 
vapors displaced from tanks during filUng 
on a demand basis without intermediate 
accumulation. 

(5) "Delivered to the apphcator" means the 
condition of coating after dilution by the 
user just before application to the subs- 
trate. 

(% "Day" means a 2 1 hour period begin 



(2) frH "C^oating applicator" means an appa- 
ratus used to apply a surface coating. 

(3) f4) "Coating line" means one or more 
apparatus or operations in a single line 



ning at midniglit. 
fPf "Fmission" means tbe release e* tfe- 
charge. >vhether directly »f indirectly, ef 

U.1 1 T nil rTTTTTTTTtTTT rTTTTT m^ CTTTTTT^^TTT CtTT r^TTT^T 

afty source. 
(40^ "Facility" means afty building, struc 
ture. installation, activity. »f combination 
thereof which contains »fte &f- more sta- 
tionary ' sources ef aip contaminants. 

(6) {ArVf "Flashoff area" means the space be- 
tween the apphcation area and the oven. 

(7) (4-3i "Hydrocarbon" means any organic 
compound of carbon and hydrogen only. 

(S) (44) "Incinerator" means a combustion 
apparatus designed for high temperature 
operation in which solid, semisolid, Uquid, 
or gaseous combustible wastes are ignited 
and burned efficiently and from which the 
solid and gaseous residues contain little 
or no combustible material. 

[21 H-4) "Intermittent vapor control system" 
means a vapor control system wliich em- 
ploys an intermediate vapor holder to ac- 
cumulate vapors displaced from tanks 
during filling. The control device treats 
the accumulated vapors only during auto- 
matically controlled cycles. 
(10) (-14) "Loading rack" means an aggre- 
gation or combination of loading equip- 
ment arranged so that all loading outlets 
in the combination can be connected to a 
tank truck or trailer parked in a specified 
loading space. 



NORTH CAROLINA REGISTER 



166 



PROPOSED RULES 



(11) (44) "Organic material" means a chemi- 
cal compound of carbon excluding carbon 
monoxide, carbon dioxide, carbonic acid, 
metallic carbides or carbonates, and am- 
monium carbonate. 

(12) (4^ "0\en" means a chamber uithm 
which heat is used to bake, cure, polym- 
erize, and or dr.' a surface coating. 

f4-^ "Own e r ef operator" moanr . aftv perf . on 
who ownc. lea '' i."j. control '' , operate o ef 
r . upoP i I ' jL". . r* facility, rtft omi ' j ' jion r ' Ource, 
»f »w pollution control equipment. 

(44) "Pen . on" m e an; , afty mdividual. 



part 

ner ' - ' hip. co partnership, finn . company, 
corporation. aL^ ' CKiatuni. joint ! ' tock com 
pany. trur . t. ei ' liite, political ■ . . ubdi' . i '. ion. 
»* afty other k^eai entity. »f i4*. Ie§a4 Fi^p- 
re ' -ientiiti' i e. agent t+f a^ .^' ignc . . 
( 13l (44+ "Potential emissions" means the 
quantity of a pollutant which would be 
emitted at the maximum capacity of a 
stationary source to emit the pollutant 
under its physical and operational design. 
Any physical or operational limitation on 
the capacity of the source to emit a pol- 
lutant, including air pollution control 
equipment and restrictions on hours of 
operation or on the type or amount of 
material combusted, stored, or processed. 
shaU he treated as part of its design if the 
limitation or the elTect it would ha\'e on 
emissions is described or contained as a 
condition in the pennit. Secondar\' emis- 
sions do not count in determining poten- 
tial emissions of a stationary source. 
I'ugitive emissions count, to the extent 
quantifiable, in determining the potential 
emissions only in these cases: 

(a) petroleum refineries: 

(b) chemical process plants: and 

(ci petroleum storage and transfer units 
with a total storage capacity exceeding 
300. mU) barrels. 

(14) (-34) "Prime coat" means the first film 
of coating applied m » two coat opera 
lion, to a surface to protect it_ or to pre- 
pare it to rccci\'e subsequent coatiniis. 

(15) f4+) "Reasonahh" a\ailable control tech- 
nolog>" (also denoted as RACT) means 
the lowest emission limit which a partic- 
ular source is capable of meeting by the 
application of control technology that is 
reasonably available considering techno- 
logical and economic feasibility. It may 
require technology which has been ap- 
plied to similar, but not necessarih" iden- 
tical, source cateaories. 



(16) (^^ "Reid vapor pressure" means the 
absolute vapor pressure of volatile crude 
oil and volatile nonviscous petroleum liq- 
uids except liquefied petroleum gases as 
determined by yVmerican Societv for 
Testing and Nlatenals, Part 17, 1973, D- 
323-72 (reapproved 1977). 

(17) (44) "Shutdown" means the cessation of 
operation of a facility source or a part 
thereof or emission control equipment. 

(18) (-34) "Solvent" means organic materials 
which are liquid at standard conditions 
i*fi4 ' I ' l liich afe liquid at standard condi 
tiono and which are used as dissolvers, 
viscosity reducers, or cleaning agents. 

(19) (44) "Standard conditions" means a 
temperature of 68" F and pressure of 29.92 
inches of mercun,-. 

(20) f3^ "Startup" means the setting in op- 
eration of a source or emission control 
equipment. 

(21) "Substrate" means the surface to which 



a coating is applied. 
(4^ "Source" meanr . aftv r i tationar/ article, 
machine, proceoo equipment, ©f oth e r 
contn' i unce ir+f aft¥ tank truck, trailer ©f 
railroad tank ettf from which atf pollutanto 
emanate ef rtfe emitted, either direotly ©f 
indirectly. 

(22) (r3i4 "Topcoat" means the final 64i» films 
of coating applied in a multiple coat op- 
eration. 

( 23 ) (44+ "True \apor pressure" means the 
equilibrium partial pressure exerted by a 
petroleum liquid as determined in accord- 
ance with methods described in American 
Petroleum Institute Bulletin 2517, "E\'ap- 
oration Loss from Floatins Roof Tanks," 
1962. 

(24) (44) "Vapor collection system" means a 
vapor transport system which uses direct 
displacement by the liquid loaded to force 
vapors from the tank mto a \apor control 
system. 

(25) (44-) "\'apor control system" means a 
s>'stem which pre\'ents release to the at- 
mosphere of at least 90 percent by weight 
of organic compounds in the vapors dis- 
placed from a tank during the transfer of 
gasoline. 

(2f^) ir^r^ "\'olatile organic compound" (also 
denoted as \'0C) means any compound 
of carbon which, for storage tanks, has a 
vapor pressure of 1.5 pounds per square 
inch absolute or greater under actual sto- 
rage conditions or. for aU other sources. 
has a who ' je \'olatile content that can be 
determined by the procedure descnbed m 



16- 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Regulation .0913 or .0939 of this Section 
excluding carbon mono.\ide, carbon diox- 
ide, carbonic acid, metallic carbides or 
carbonates, and ammonium carbonate. 

Siatuloiy Authority G.S. l43-2l5.3(a)( I ). 

.0903 RhXOKDKKKPING: RKPORTING: 
MOMIORING 

(a) This Regulation applies to sources sub- 
ject to Reguiatit)n! . .0017 through .0038 »f re- 
gulations in this Section. 

(b) Ihc owner or operator of any volatile 
organic compound emission source or control 
equipment shall maintain: 

( 1) records detailing all activities relating to 
any compliance schedule under R e gu 
lations tOO<W through t4W4 ef in this 
Section; 

(2) records detailing all malfunctions under 
Regulation .0535 of this Subchapter; 

(3) records of all testing conducted under 
Regulation;, 440+^ through tO^^^ aft4 
^mo througli rOO+i ef regulations in 
this Section: *h4 

(4) records of all monitoring conducted 
under Paragraph (d) of this Regulation; 
and 

(5) records necessary' to determine compli- 
ance as required b\ l'>aagiaph (d) of 
this Regulation. 

(c) When request ei.1 bv the director, the '44*e 
owner or operator of any volatile organic 
compound emission source or control equip- 
ment shall submit reports detailing the follow- 
ing: nature, '. pocifio r i Ouroe - . T , total annu;il 
quantitic ' C i of volatile' organic compound emis 
oiono ef ^ulTioient information k* Oi i tmiatc tiw 
quantiti e- j ef vokilik * organic comi"iound em is 
r i i(m 'i rtH4 »t+y othi. ' r peilinent infoimulion te 
tl+e director when rLHiuiJ '. tod. 

( 1) General information. 

(A) l"\pe of source and process de- 
scription. 

(B) Schedule of operation. 

(C) Quantity of \(ilalile organic com- 
pounds emitted per dav from each 
source. 

(D) Quantity and t\pe of wash and cle- 
an-up s()l\ents used each da\' for each 
source. 

(2) Coatim: line inf(^rmation. 
(A) Method of application. 

(IJ) l)r\ing method used and minimum 

temperature. 
{C) Substrate tvpe. 
(D) Substrate form. 



(R) Type of coatings applied, number of 
each coating tvpe applied, and quantity 
of each type of coating applied per day. 

(F) Percent by weiglU of volatile organic 
compounds content of each coating 
applied. 

(G) Percent by volume of solids content 
of each coating applied. 

(H) Method used to determine volume 
percent solids content of coatings. 

(I) Type and quantity of diluents added 
to each coating and percent by vseiglit 
of volatile organic content of each di- 
luent. 



(3) Control equipment. 

(A) rhcnnal incinerator: 

(i) Combustion temperature. 
(ii) Residence time. 

(B) Catal\"tic incinerator: 

(i) I^xhaust gas temperature. 

(ii) Change in temperature across cat- 

alvst bed, 
(iii) Residence time, 
(iv) Date of last change of catalyst bed. 
(v) Date of last catalyst test and results 

of test. 

(C) Condenser: 

(i) Inlet temperature of cooling me- 
dium. 

(ii) Outlet temperature of cooling me- 
dium. 

(D) 1-mission test results: 

(i) Inlet volatile organic compound 
concentration. 



(ii) Outlet volatile organic compound 

concentration, 
(iii) I'xplanation of how inlet and out- 

let concentrations have been deter- 



mincd. 
(iy) Date when these concentrations 
were last determined. 



(F,) Capture system: 

(i) r\pe of capture system, 
(ii) Ftficiency of capture system, 
(iii) Explanation of how capture effi- 
ciency has been determined. 
The owner or operator of the source shall also 
pro\'ide any other pertinent information to the 
director when requested. 



Statutoiy Authoritv 
143-215. I07{a)(5)'. 



G.S. I43-2J5.3ia)(JJ; 



.0912 r.KNF.RAL PROVrSIONS ON TEST 
METHODS AND PROCEDURES 

(a) The owner or operator of any volatile 
organic compound source required to comply 
with Regulations rfW^ through tOO^ ef reau- 



NORTH CAROLINA REGISTER 



I6S 



PROPOSED RULES 



lalinns in this Section shall, at his own cx- 
pcnscdcrnonstratc compliance by the methods 
described in Regulations .0912 through .0916 
and .0939 through .0942 of this Section or an 
alternative method approved by the director. 
No owner or operator, howe\er, shall be re- 
quired to demonstrate compliance with Rogu 
latiou '. -m^ through tW4* ef reL'ulations in 
this Section unless the director requests such 
demonstration. The director shall explain to 
the owner or operator the basis for requesting 
a demonstration of compliance and shall allow 
reasonable time for testing to be performed. 
All tests shall be made by, or under the direc- 
tion of, a person qualified by training and or 
experience in the field of air pollution testing. 

(f) C^1lnpllance shall be dctennined bv the 
more stnni:ent of the following twvr 

( 1 ) Compliance shall he dctennined on a 
daih basis for each coatiim line using a 
weighted a\'erage, that is^ di\iding the 
sum of the mass (pounds) ot^ \olatile 
orizanic compounds in c(xitings con- 
sumed on that coatmL: line, as recen ed. 
and the mass (pounds) ot^ \olatile or- 
<-!anie compound soK'cnts added to the 
coatings on that ctxitiniz line by the \o- 
hime ('.zallons) k21. coaling solids con- 
sumed dunng that da\ on that coaling 
line: or 

(2) ('compliance shall be determined as fol- 
Un\"s: 

( .\ ) When low sohent or hi eh scolids 
coatiiiLis are used to reduce emissions 
of \'olatile i^rLianic compounds, compli- 
ancc shall be detennined instantane- 



( J]) When add on control devices, e.e., 
sohent reccner\ s\ stems or incinera- 
tors, are used to reduce emissions of 
\o kit lie organic compouiuls. compli- 
ance shall be dctennined b\ a\eraein!Z 



emissions over a one-hour period, 
(g) The director may authon/e the Dnisicm 
of lin ironmental Management to conduct in- 
dependent tests o| any source subject to a reg- 
ulation in this Section to determine the 
compliance status of that source or to \erify 



any test data submitted about that source. 

Statuloiy Authority G.S. 143-21 S.3(a){ I ); 
.'43-2/5./(riaj(5)'. 

.091.1 DKIKKMIN MION Ol \()l AIIIE 

COM KM OF SCRl ACF. COATINGS 

(a) In accordance with Regulation .0912 of 
this Section, the \olatile matter content, water 
content. densit\', volume of solids and weicht 



of solids of surface coatings shall be deter- 
mined by the procedures set forth in Method 
24 of Appendix A of 40 CFR Part 60. Com- 
pounds exempted under Paragraph (c) of Re- 
gulation .0902 of this Section shall be treated 
as water. Ihe results of the tests shall be ex- 
pressed in the same units as the emission limits 
given in the regulation for which compliance 
is being determined. 

(b) In accordance with Regulation .0912 of 
this Section, the volatile matter and density of 
printing inks and related coatings shall be dc- 
tennined by the procedures set forth in 
Method 24A of Appendix A of 40 CFR Part 
60. The results of the tests shall be expressed 
in the same units as the emission limits given 
in the regulation for which compliance is being 
determined. 

Statutory Authority G.S. l43-2l5.3(a)( I ); 
143-215. I07(a){5}. 

.0917 ALTOMOBILK .AND I.IGHT-DLTY 
TRl CK M AN I FACTC RIN G 

(b) This Regulation applies h* accordanco 
¥rrtb Rogulution ' ; . 4W« through tW44 &f Ak 
Section, to the application area(s), flashoff 
area(s), and ovcn(s), of automotive and light- 
duty truck manufacturing plants in\oh'ed in 
prime, topcoat and final repair coating oper- 
ations. 

(c) I-missions of volatile organic compounds 
from any automotive or light-duty truck man- 
ufacturing plant coating line subject to this 
Regulation shaU not exceed: 

(1) \_A pounds per gallon of solids 4t^ 
poundr . f>ef gallon t4' coating, excluding 
wat e r, delhered to the applicator from 
prime application, flashoff area, and 
o\en operations: 

(2) 4^ pounds per gallon of solids irS 
pound '. p«H^ gallon &f coating, daily 
' ■ ' ■ 'oigJitod a' l L'ragL'. excluding water, de- 
livered to the apphcator from topcoat 
and surface application, tlashoff area, 
and o\'en operation; 

(3) 13.S pounds per gallon of solids 4-r8 
pounds peF gallon et coating, excluding 
wati?r, delivered to the applicator from 
final repair application, llashofT area, 
and oven operation. 

Statutoiy Authority G.S. 143-21 5.3i a)( I ); 
143-2l5.l07(a)(5j'. 

.0918 C.\N CO AUNG 

(b) This Regulation applies m accordance 
vr+y+ RoQulationr . rCWW through 44014 erf Ak 



169 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



St ' ction, to coating applicator(s) and ovcn(s) 
of slicct, can, or end coating lines involved in 
sheet basccoat (exterior and interior) and ov- 
crvamish; two-piece can interior body spray; 
two-piece can exterior end (spray or roll coat); 
three-piece can side-seam spray and end sealing 
compound operations. 

(c) Emissions of volatile organic compounds 
from any can coating line subject to this Reg- 
ulation shall not exceed: 

(1) 4_5 pounds per gallon of s(>lids 2t8 
pound '. fHH^ gallon t>l- coating, excluding 
V i 'utLT, delivered to the coating applica- 
tor from sheet basccoat (exterior and 
interior) and ovcrvamish or two-piece 
can exterior (basccoat and ovcrvamish) 
operations; 

(2) 9J^ pounds per gall(Mi of solids 4r-2 
poundi^ pef gallon ef couting, excluding 
water, delivered to the coating applica- 
tor from two and three-piece can inte- 
rior body spray and two-piece can 
exterior end (spray or roll coat) oper- 
ations; 

(3) 21.8 pounds per gallon of solids ^^4 
pound ' j ptH^ gallon b4- coating, excluding 
^ater. deli\crcd to the coating apphca- 
tiir from a three-piece applicator from 
a three-piece can side-seam spray oper- 
ations; 

(4) TA pounds per gallon of solids rir^ 
pciundr . pef gallon (4 coating, excludmg 
vsoter. deU\ercd tt) the coating applica- 
tor from end sealing compound oper- 
ations. 

Stalutorv Authoritv G.S. 143-21 5.3(a)( I ); 
143-215. I07{a)(5). 

.0919 con. COM ING 

(b) This Regulation applies h+ accordance 
wrti* Regukitiomi 4)007 through ^mU »f O+ts 
Section, to the coating applicator(s) oven(s), 
and quench area(s) of coil coating lines in- 
vohcd in prime and top coat or single coat 
operations. 

(c) Fmissions of volatile organic compounds 
from any coil coating line subject to this Reg- 
ulation shall not exceed 4i) pounds per gallon 
of solids -Jt^ pound if pt»f gallon b4 coating, e*- 
cluding ' . sciter, delivered to the coating appli- 
cation from prime and topcoat or single coat 
operations. 

Statuton' Authority G.S. l43-2l5.3(a)( I }; 
143-215. 107(a)(5). 

.0920 IVM'KK ( OAIING 



(a) For the purpose of this Regulation, the 
following definitions apply: 

(2) "Paper coating" means decorative, pro- 
tective, or functional coatings put on 
paper and pressure sensitive tapes re- 
gardless of substrate; the coatings arc 
distributed uniformly across the web. 
Related web coating processes on plas- 
tic film and decorative coatings on me- 
tal foil are included in this definition. 
Saturation operations are included in 
this definition. 

(b) This Regulation apphes m acoordanco 
wrtb Regulations rOiJa? through T©a44 nA Ais 
Section, to roll, knife or rotogravure coater(s) 
and drying ovcn(s) of paper coating lines. 

(d) Emissions of volatile organic compounds 
from any paper coating line subject to this 
Regulation shall not exceed 48 pounds per 
gallon of solids 2t^ pounds pef gallon ef coat 
iftgr excluding wat e r, dehvered to the coating 
apphcator from a paper coating line. 

Statutory Authoritv G.S. J43-2/5.3(a)( / ); 
143-215. 107{a)(5)'. 

.0921 FABRIC AM) VINYL COATING 

(a) lor the purpose of this Regulation, the 
following definitions apply: 

(1) "Fabric coating ' means the coating ef 
applying protective or functional coat- 
ings to a textile substance with a knife, 
roll, rotogravure, rotary screen, or flat 
screen coater to impart properties that 
are not initially present, such as 
strength, stability, water or acid repel- 
lency, or appearance. Printing on tex- 
tile fabric for decorative or other 
purposes is not part of this defmition. 
Saturation operations are included in 
this definition. 

(2) "Knife coating" means the application 
of a coating material to a substrate by 
means of drawing the substrate beneath 
a knife which spreads the coating evenly 
over the full width of the substrate. 

(3) "Roll coating" means the application 
of a coating material to a substrate by 
means of hard njbber or steel rolls. 

(4) "RotogravTjrc coating" means the ap- 
plication of a coating material to a 
substrate by means of a roll coating 
technique in v\hich the pattern to be 
applied is etched on the coating roll. 
The coating material is picked up in 
these recessed areas and is transferred to 
the substrate. 



NORTH CAROLINA REGISTER 



170 



PROPOSED RULES 



(5) 



(6) 



(b) 



"Vinyl coating" means applying a func- 
tional, decorative, or protective topcoat, 
or printing on vinyl coated fabric or vi- 
nyl sheets. 

"Rotary screen or flat screen coating" 
means the application of a coating ma- 
terial to a substrate by means of mask- 
ing the surface and applying a color or 
fmish using a screen either in flat form 
or rotary form. 

This Regulation applies h+ accordance ' 
vr+a+ Rogulation '. 4WW through 4W4 ef Ow* 
Section, to roll, knife, rotograsoire, rotary 
screen, or flat screen coater(s) and drying 
o\'en(s) of fabnc and \in\ 1 coaling lines. 

(c) I'missions of volatile organic compounds 
from any fabric coating line or \inyi coating 
line subject to this Regulation shall not exceed: 
(1) 4__S pounds per gallon of solids ir^ 
pound '. f*ef gallon t4 coating. cHcluding 
' ■ witor. dclnered to the coating applica- 
tor from a fabric coating Ime: 
7.0 pounds per gallon of solids ^rS 



(2) 



pound ', pef gallon tt4 coaling, excluding 
water. dcli\ered to the coatmg applica- 
tor from a \in\l coatint; line. 



Slaliilorv Auihoriiv G.S. I4ji-2I 5.3i a}( I ): 
/43-2/5'./0^(ai(5l'. 

.0922 MKIAI. II KMll KI (()\riN(; 

(a) For the purpose of this Regulation, the 
following definitions apply: 

( 1 ) "AppHcation area" means the area 
where the coating is applied by spray- 
ing, dipping, or tlowcoating techniques. 

(2) "Metal furniture coating" means the 
surface coating of any furniture made 
of metal or any metal part which will 
be assembled with other metal, wood, 
fabric, plastic, or glass parts to form a 
furniture piece. 

(b) 1 his Regulation applies h* accordance 
vrW* Regulation -, ^mu^ through 7WM4 ©f ih^ 
Section, to the application area(s). flashoff 
arca(s|, and o\'en(s) of metal furniture coating 
lines inMihed in prime and topcoat or single 
coating operations. 

(c) Emissions of volatile organic compounds 
from any metal fumiture coating line subject 
to this Regulation shall not exceed 5_j_ pounds 
per 'iallon of solids :i44 pound -, pef gallon h+" 
coaling. eXLludiiig water. deli\cred to the 
coating application from pnme and topcoat or 
single coat operations. 

Statiiuur Auihoriiv G.S. 143-21 5.3(a)( I ): 
143-213. Kr^aiiS)'. 



.0923 SI Rl ACK CO.VTING OF LARGE 
APPLIANCES 

(a) For the purpose of this Regulation, the 
following definitions apply: 

(1) "Application area" means the area 
where the coating is applied by spray- 
ing, dipping, or tlowcoating techniques. 

(2) "Single coat" means a single film of 
coating applied directly to the metal 
substrate omitting the primer applica- 
tion. 

(3) "Large apphances" means doors, cases, 
lids, panels, and interior support parts 
of residential and commercial washers, 
dryers, ranges, refrigerators, freezers, 
water heaters, dishwashers, trash com- 
pactors, air conditioners, and other si- 
milar products, 

(b) This Regulation applies m accordance 
wW+ Regulationc . -Mi^ through tOOU &i 04* 
Section, to application area(s), flashoff area(s), 
and o\en(s) of large apphance coatmg hnes 
involved in prime, single, or topcoat coating 
operations, 

(c) This Regulation does not apply to the 
use of quick-drying lacquers for repair of 
scratches and nicks w hich occur during assem- 
bly, if the \olume of coating does not exceed 
one quart in any one eight-hour period. 

(d) Fmissions of volatile organic compounds 
from any large appliance coating line subject 
to this Regulation shall not exceed £_5 pounds 
per gallon of solids -3-7^ poundo {*ef gallon »f 
coating, e xcluding water, delivered to the 
coating applicator from prime, single, or top- 
coat coating operations, 

Staiuiory Aui/writy G.S. I43-2I5.3(a)( 1 ); 
143-215. 107(a)(5). 

.0924 MAGNET W IRE COATING 

(a) For the purpose of tliis Regulation, 
"magnet wire coating" means the process of 
applying a coating of electrically insulating 
\'amish or enamel to aluminum or copper wire 
for use in electrical machinery. 

(b) rhis Regulation applies m accordance 
W4+h- Regulations t4»W through rO^W- ef tfe* 
Section, to the o\en(s) of magnet wire coating 
operations. 

(c) i'missions of \olatile organic compounds 
from any magnet u ire coatmg o\en subject to 
this Regulation shall not exceed 12 pounds 
per gallon of solids \-Q- pound - j }*ef gaUon ©f 
coating, excluding ' . saler. deli\ered to the 
coating applicator from magnet wire coating 
operations. 



/"/ 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 
143-215. 107(a)(5). 



l43-2I5.3(a)(l); 



.0925 PETROLEUM LIQUID STORAGE IN 
FIXED ROOF TANKS 

(b) This Regulation applies » accordaiico 
w*44* Rogulationo JiMfl- ihrouah t^OW- »f this 
Section, to all fixed roof storage \cssels with 
capacities greater than 39,000 gallons contain- 
ing volatile petroleum liquids whose true vapor 
pressure is greater than 1.52 psia. 

(d) With the exceptions stated in Paragraph 
(c) of this Regulation, the owner or operator 
of any fixed roof storage \'essel subject to this 
Regulation shall not use the storage vessel un- 
less: 

(4) Routine visual inspections are con- 
ducted through hatchoo roof hatches 
once per month; 



Statutory A uthority 
143-215. 107(a)(5). 



G.S. l43-2l5.3(a)(l); 



.0926 BULK GASOLINE PLANTS 

(b) This Regulation applies tft accordanc e 
wt44t Roaulation 'i 4WW through ^mu »f O+i* 
Section, to the unloading, loading, and storage 
facilities of all bulk gasoline plants and of all 
tank trucks or trailers deli\enng or receis'ing 
gasoline at bulk gasoline plants. 



Statutory Authority 
l43-2l5.l07(a)(5). 



G.S. l43-2l5.3(a)(l); 



.0927 BLLK GASOLINE TERMINALS 

(b) This Retiulation applies m accordance 
vrtA Regulationr , ,4Wa through ^0044 ef Om* 
Section, to hulk gasoline terminals and the 
appurtenant equipment necessary' to load the 
tank truck or trailer compartments. 



Statutory A uthority 
143-215. 107(a)(5). 



G.S. l43-2l5.3(a)(l); 



.0928 GASOLINE SERVICE STATIONS 
S I .\GE I 

(b) This Regulation applies » accordanc e 
vw4* RegulatioriG rOOiW through 4W4- ei Ow* 
S e ction, to all gasoline dispensing facilities and 
gasoline ser\'ice stations, 
(f) The %'apor-ladcn deliver*' vessel: 
( 1 ) shall be designed and maintained to be 
vapor-tight during loading and unload- 
ing operations and during transport 
with the exception of normal prer . r . ure 
vacuum pressure \'acuum venting as re- 
quired by regulations of the Depart- 
ment of Transportation; and 



Statutory Authority G.S. I43-2I5.3(a)( I ); 
143-215. 107(a)(5). 

.0929 PETROLEUM REFINERY SOURCES 

(b) This Regulation applies ift accordanco 
wk^ R e gulations r&907 through t^^44 ef (Ms 
Section, to vacuum producing systems, waste- 
water separators, and process unit turnarounds 
at petroleum refining sources. 

Statutory Authority G.S. l43-2l5.3(a)( I ); 
143-215. 107(a)(5). 

.0930 SOLVENT METAL CLEANING 

(b) This Regulation applies m accordanco 
wk4^ Rogulationo rO^iO? tlirougli -M^ ef 04$ 
Section, to cold cleaning, open top vapor de- 
greasing, and conveyorized degreasing oper- 
ations. 

(e) With the exception stated in Paragraph 
(c) of the Regulation, the owner or operator 
of an open top vapor dcgreaser shall: 

(3) install one of the following control de- 
vices: 

(A) freeboard ratio greater than or equal 
to 0.75. If the degreaser opening is 
greater than 10.8 square feet, the cover 
must be powered; 

(B) refrigerated chiller: 

(C) enclosed design (The cover or door 
opens only when the dry part is actually 
entering or exiting the degreaser.); 

(D) carbon adsorption system, with ven- 
tilation greater than or equal to 50 cubic 
feet per minute per square foot of 
air/vapor area (when cover is open), 
and exhausting less than 25 parts per 
million of solvent averaged over one 
complete adsorption cycle; or 

(I:) a control system, demonstrated to 
have control efficiency equivalent to or 
greater than any listed in Parts (A) 
througli (D) of this Subparagraph, and 
approved by the director; 



Statutory .Authority 
l43-2l5.I07{a){5). 



G.S. 143-2l5.3(a)(l); 



.0931 CUTBACK ASPHALT 

(b) This Regulation applies as ef September 
■k l')70, to the manufacture and use of cutback 
asphalts for the purpose of paving or main- 
taining roads, highways, streets, parking lots, 
driveways, curbs, sidewalks, airfields (runways, 
taxiways, and parking aprons), recreational fa- 
cilities (tennis courts, playgrounds, and trails), 
and other similar structures. 



NORTH CAROLINA REGISTER 



172 



PROPOSED RULES 



Statutory Authority G.S. 
143-215. 107(a)(5). 



l43-2l5.3(a)(l): 



.0932 GASOLINE TKl CK TANKS AND 
VAI'OK ( OLI.KX HON SNSIEMS 

(b) This Rct;ulation applies h* acconJanc e 
wttfe Regulation MU^ through tWM4 »f Om* 
Soction, to gasoline truck tanks that are 
equipped for vapor collection and to vapor 
control systems at bulk gasoline terminals, 
bulk gasoline plants, gasoline dispensing facili- 
ties, and gasoline sersice stations that are 
equipped with vapor balance or vapor control 
systems. 

(c) Gasoline Truck Tanks: 

( 1 ) Ciasoline truck tanks and their vapor 
collection systems shall be tested annu- 
ally. 'The test procedure that shall be 
used is described in Regulation .0940 
and .0941 of this Section, and is in ac- 
cordance with Regulation .0912 of this 
Section. The gasoline truck tank shall 
not be used if it sustains a pressure 
change greater than 3.0 inches of water 
in five minutes when pressurized to a 
gauge pressure of 18 inches of water or 
when e\acuated to a gauge pressure of 
6.0 inch inches of water. 

Statutory Authoritv G.S. 143-21 5. 3{a}{ 1): 
143-215. 107(a)(5)'. 

.09.W PETROI.KIM I IQIIO STORAGE IN 
EX TEKNAI KLOA TING ROOF TANKS 

(b) This Regulation applies m accordanc e 
VriA Regulation -44W4 liirough 4W44 ef Om* 
S e ction, to all external nt)ating roof tanks with 
capacities greater than 950 barrels containing 
petroleum liquids whose true vapor pressure 
exceed 1.52 pounds per square inch absolute. 

(d) With the exceptions stated in Paragraph 
(c) of this Regulation, an external floating roof 
tank subject to this Regulation shall not be 
used unless: 



Statiitoiy .iuthorilv 
143-215. I07{a)(5)'. 



G.S. 143-215.3(a){l); 



.WM ( OATING OE MISCELI .\NEOLS 
METAL PARTS AND PRODI CTS 

(b) This Regulation applies m accordiince 
vrtO^ Regulation ;. 4W» through 4W44 »f tlwi 
Section, to application areas, flashoff areas, 
o\ens and other processes that are used in the 
coating of metal parts and products of the fol- 
lowing types of manufacturing plants: 



(d) Emissions of volatile organic compounds 
from any coating line subject to this Regu- 
lation shaU not exceed: 

(1) 10.3 pounds per gallon of solids Ari 
pounds pef gallon ef coating, excluding 
water, delivered to a coating applicator 
that applies clear coatings; 

(2) 6J_ pounds per gallon of solids ^^4 
poundfi pef gallon ef coating, e xcluding 
water, delivered to a coating applicator 
in a coating application system that 
utihj'.os utilized air or forced air driers; 

(3) 6J_ pounds per gallon of solids ^rS 
pounds pw gallon excluding water, de- 
livered to a coating appbcator that ap- 
plies extreme performance coatings; 

(4) 5J^ pounds per gallon of solids iS 
poundc i p**F gaUon ef coating, oxoluduig 
water, delivered to a coating applicator 
that applies coatings of frequent color 
changes or of a large number of colors 
or apphes the coating that is the first 
coat on untreated ferrous substrate; or 

(5) where there are no or infrequent color 
changes or a small number of colors is 
applied: 

(A) fi4 pounds per gallon of solids ft4 
pound '. pt»f gallon e4^ coating, excluding 
wat e r, delivered to a coating applicator 
that applies powder coatings; or 

(B) 5J_ pounds per gallon of solids h^ 
pounds pef gallon excluding wat e r, de- 
hvered to a coating applicator for any 
other type of coating. 

Whenever more than one of the aforemen- 
tioned emission limitations may apply to a 
process, then the least stringent emission limi- 
tation shall apply to the process. 

Statutorv Authoritv G.S. 143-215.3(a)( 1 ); 
143-215. 107(a)(5)'. 

.0935 EACrORY SURFACE COATING OF 
FLAT WOOD PANELING 

(a) For the purpose of this Regulation, the 
following definitions apply: 

(7) "Tileboard" means paneling that has a 
colored waterproof surface coating. 

(b) This Regulation apphes in- accordance 
wrtb Regulations 4WW through .mU (4 t44s 
Section, to factory finishing of the following 
fiat wood products: 

Statutory Authority G.S. 143-21 5.3{a}( I ); 
143-215. 107(a)(5)'. 

.0936 GRAPHIC ARTS 



17 ^ 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) For the purpose of this Regulation, the 
following definitions apply: 

(2) "Packaging rotogra\'ure printing" means 
printing with a gravoire press upon pa- 
per, paper board, metal foil, plastic film, 
and other substrates, which are, in sub- 
sequent operation, formed into con- 
tainers and labels for articles to be sold. 

(b) This Regulation applies m uccordanc e 
wrt4% Rc ' uulatiom . rWIW througli 4W4 ef A« 
SL ' ction to: 

(1) flcxographic printing, packaging roto- 
graNoire printing and publication roto- 
gra\aire printing operations; and 

(2) machmes that have both coating units 
and printing units. 

(c) Fmissions of volatile organic compounds 
from any printing unit or drying oven of a 
printing operation subject to this Regulation 
shall not be discharged into the atmosphere 
unless: 

(3) The ink contains by \'olume at least 60 
percent nonN'olatUc material; »f 

(4) The printing system uses a combination 
of solvcnt-bome and water-bome ink 
such that at least a 70 percent by vol- 
ume overall reduction in sohent usage 
is achicNcd when compared to all sol- 
vent-borne ink usage; or 

(5) The ink, including an\ sohents that 
may be added to rt contains no more 
than 0.5 pounds of \olatile organic 
compounds per pound of solids in the 
ink; onlv flcxographic pnnting and 
packapng rotogra\iirc pnnting ma\ use 
this option. 

Statutory Authority G.S. /43-2/5.3(aJ( / ); 
143-215. 107(a)(5). 

.0937 M.VM 1 .\CTl KK OP I'NKIM.MIC 
Rl HHF.R TIKKS 

(b) This Regulation applies m accordanco 
wrtfe Rogulations tW4» througli 4W4 t4' tW* 
Section, to undertread cementing, tread end 
cementing, bead dipping, and green tire spray- 
ing operations of pneumatic rubber tire man- 
ufacturing. 

Statutory Authority G.S. 143-2/5. 3(a)( J ); 
143-215. 107(a)(5). 

.09.^8 I'KKC III.OROKIIIM K\K DRV 
( I K\MN(. S^SI^M 

tb) This Regulation applies i» acLHMdiuicij 
Vr+4+ Rc'gulutiono t4WW througli 4W4 t4 tte 
St ' ction, to perchloroethylene dn,' cleaning fa- 
cihties. 



(d) The owner or operator of a per-chloroe- 
thylene dry cleaning facility subject to this 
Regulation shall not cause, allow or permit: 



Statutory Authority 
143-215. 107(a)(5). 



G.S. l43-2l5.3(a)(l): 



.0941 ALTERNATIVE .METHOD FOR LEAK 
TIGHTNESS 

(d) Apparatus. The following equipment is 
required to conduct the test: 

(1) a pressure/vacuum gauge (Dwyer Mag- 
nehelic pressure/ vacuum gauge, Model 
No. 2030 or equivalent) calibrated in 
to 30 inches of water or a water ma- 
nometer capable of measuring at least 
25 inches of water gauge; 

(2) a locally fabricated water hose coupler 
which mates with the A.P.L bottom 
loading adaptor on the truck tank; 

(3) an appropriate length water hose with 
shutoff cock to connect to a water sup- 
ply source; 

(4) a check vahe to pre\'ent water from 
flowing back into the water supply; 

(_5| f-H a mixture of soap and water and a 
two inch paint brush; and 

(6) (4) a Son-Tcstor ultrasonic air leak de- 
tector, Model No. 110, or equivalent. 
Test Preparation: 
The unit to be tested is properly parked 
and chocked. The unit is parked as 
close as practical to the water supply 
locations. 

/Ml compartments, discharge lines, and 
vapor return lines are visually inspected 
to ascertain that all arc completely 
drained. 

All dome cover, inspection hatches, va- 
por recover)" connections and bottom 
loading valves are visually inspected to 
ascertain that all are fuUy closed. 
At the rear of one of the overturn rails, 
the pipe plug is removed from the pipe 
coupling provided for de-gasing oper- 
ations. The piping containing the 
pressure/ vacuum gauge is installed into 
the coupling. 

The water supply hose with check vahe 
is connected to any one compartment 
bottom loadmg adaptor. 
All compartment emergency vahes and 
positive vents are opened in the normal 
manner. This condition permits all 
compartments to \cnt into the common 
vapor recovery' system; therefore, only 
one test is required for the entire tank, 
(f) Pressure Test: 



(c) 
(1 



(2) 



(3) 



(4) 



(5) 



(6) 



NORTH C.AROLIN.A REGISTER 



174 



PROPOSED RULES 



(1) I'hc test is begun by flowing water into 
the compartment. The pressure gauge 
is monitored. 

(2) When the pressure gauge indicates 18 
inches ot~ water in the tank, the water 
flow is shut off. When a water ma- 
nometer is used, this reading is nine 
inches above and nine inches below the 
zero indicator. 

(?>) The gauge is monitored for five minutes. 
If the pressure gauge does not drop be- 
low an indicated 1 5 inches of water in 
these five minutes, the tank passes the 
pressure test. If the pressure does drop 
below an indicated 1 5 inches of water 
in five minutes, the tank does not pass 
the pressure test and the leak source 
must be determined. The soap and 
water method and a sonic leak detector 
are to be used to locate the source of 
leak or leaks, .\fter correcting the leaks, 
the pressure test must be rerun to certify 
compliance. 

/\fter compliance has been accom- 
plished, one dome cover is carefully 
opened to depressurize the tank and is 
then re-closcd. 
Vacuum Test: 

Ihe water hose is remo\ed. and water 
IS drained from the compartment until 
a \acuum of six inches of water is reg- 
istered on the gauge. The flow of water 
is stopped by closing the bottom load- 
ing valve. 

(2) The gauge is monitored for fi\'e minutes. 

If the \acuum does drop below an in- 
dicated three inches of water in the fi\e 
minutes, the tank does not pass the 
vacuum test, and the leak source must 
be detemiined. The soap and water 
method and a sonic leak detector are to 
be used to locate the source of leak or 
leaks. After the leaks are corrected, the 
vacuum test must be renm to certify 
compliance. 

(3) After compliance has been accom- 
plished, the compartment dome cover 
is opened; and all water is drained from 
compartment, line, and bottom loading 
v'ah'c. 

(h) Conclusion of 'lest: 

( 1 ) The test results are recorded and re- 
tained in the vehicle test file. 

(2) Ihe pressure \acuum gauge is removed, 
and the plug is re-installed in the rail. 
The water hose coupler is removed. 

(}i) 1 he tank unit is returned to service. 



(4) 



(g) 
(1) 



Staiulor)' Authority G.S. l43-2l5.3(a)( I ); 
143-215. 107(a)(5). 

.0943 SV^TIIKTIC ORGANIC CHEMICAL 
AND POLYMER MANLFACILRING 

(c) The owner or operator of a synthetic or- 
ganic chemical manufacturing facility or a po- 
lymer manufacturing facility shall not cause, 
allow or permit: 

(1) any Liquid leakage of volatile organic 
compounds; or 

(2) any gaseous leakage of volatile organic 
compound of 10,000 ppm or greater 
from any fugitive emission source. 

The owner or operator of these facilities shall 
control emissions of volatile organic com- 
pounds from open-ended valves as described 
in Paragraph (f) of this Regulation. 



Statutory Authority 

143-215. I07(a}{5)'. 



G.S. l43-2l5.3(a)(l); 



SLBCIIAI'IFK 211 - PROCEDURES FOR 
PERMITS: APPROVALS 

SECTION .0600 - AIR QLALIT^ PERMITS 

.0601 I'LRPOSE AND SCOPE 

(a) The following sources or activities are not 
likely to contravene any applicable ambient air 
quality or emission control standard, and 
therefore, are not required to obtain a pcnnit: 

(1) air conditioning or comfort ventilation 
systems which do not transport, re- 
move, or exhaust product or byproduct 
to the atmosphere; 

(2) combustion sources serving heating 
systems vvliich provide comfort heat for 
residences; 

(3) laboraton equipment used for chemical 
or physical analysis; 

(4) nonstationary- internal combustion en- 
gines and vehicles; 

(5) equipment which emits only nitrogen, 
oxygen, carbon dioxide, and/or water 
vapor; 

(6) maintenance, repair, or replacement of 
existing equipment that does not result 
in an increase to the emission of air 
pollutants; 

(7) smudge pots for orchards or small 
outdoor heating devices to prevent 
freezing of plants; 

(8) fuel burning equipment firing exclu- 
sively gaseous fuel with the total heat 
input rating of 250 million BTl.' per 
hour or less; 

(9) fuel burning equipment firing exclu- 
sively No. 1 or No. 2 fuel oil with the 



r5 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



total heat input rating of 100 million 
BTU per hour or less; 
(10) fuel burning equipment firing a mix- 
ture, of gaseous fuel, No. 1 fuel oil or 
No. 2 fuel oil, in any proportion, with 
the total heat input rating of 100 milhon 
BTU per hour or less. 
AH- othor fiourc e s »f aw pollution fef which 
th e r e » ;*«• ambient atf quiility ef omi ' .i ii ion 
control L i tandarJ »ft» con '. iJcrL ' d likely te con 
trusonc' th** applicable standarJ and, there I ore, 
r . hall apply fof a pennit. 

(b) I he owner or operator of any source re- 
quired to ha\e a permit may request the direc- 
tor to exempt the source from having to have 
a pennit. The request shall be in writing. 
Along with the request, the owner or operator 
shall submit supporting documentation to 
show that air quality and emission control 
standards wiU not be, nor are likely to be, 
contravened. If the documentation shows to 
the satisfaction of the director that air quality 
and emission control standards will not be, nor 
arc likely to be, contra\encd, a pennit shall not 
be required. 

(c) The owner or operator of all sources for 
which there is an ambient air gualitv or emis- 
sion contrc^l standard that is not exempted bv 
Paraizraph (a) or (b) of this Re filiation shall 
apply tor a pennit. Ihc ouncr or operator of 
a source required U) have a pcmiit shall not 
begin constaiclinL: or operating; the source if it 
is a new source or modil\ the scnirce if it is an 
existing source without lirst obtaining a per- 
mit. 

(d) fe^ Any person who constructs or modi- 
fies a complex source subject to Section 15 
NCAC 2D .0800 shall obtain a pennit in ac- 
cordance with R e gulation - : . MAii through rW^»W 
Regulations .0602 through .0600 of this Sec- 
tion. If the source is excepted in Section 15 
NCy\C 2D .0800, a pennit shall not be re- 
quired. 

Statutoiy Authority G.S. 143-21 S.3(a)( I ); 
143-21 5. 1 OS: 143-215.109. 

.0603 .vpim.icahons 

(d) Before issuing any permit for: 
(1) a source to which Regulation 1 5 NCAC 

2D .0530 or .0531 fH appUes, 
[2| fof a source whose emission limitation 
is based on a good engineering practice 
stack height that exceeds the heiaht de- 
fined m 15 NCAC 2D .0533(a)(4)(A), 
(B). or(C), 
(3) a requirement for controls more strin- 
gent than the applicable emission stan- 



dards in Section 15 NCAC 2D .0500 in 
accordance with Regulation ]_5 NCAC 
2D .0501, or 

(4) fof any other source that may be desig- 
nated by the director, the information 
submitted by the owner or operator, as 
well as the agency's analysis of the effect 
on ambient air quality, shall be made 
available for public inspection in at least 
one location in the region affected. 
This shall be accomplished by pubhsh- 
ing a notice by prominent advertise- 
ment in the region affected and shall 
allow a 30-day period for submittal of 
pubhc comment and for an opportunity 
for a public hearing request. Confi- 
dential material will be handled in ac- 
cordance with G.S. 143-2 15.3(a)(2). 
(e) A pubhc hearing shall be held before the 
issuance of any permit containing any one of 
these conditions: 

(44 a r e quirem e nt fof controls more otrin 
geftt- than t4*t» applicable e mission stan 
daftk m Section ^ NC^AC ^^^ rOJiOa m 
accordance with Regulation 44 NCAC 
a©4>444f 

(1) (-3) any physical or operational limitation 
on the capacity of the source to emit a 
pollutant, including air pollution con- 
trol equipment and restrictions on 
hours of operation or on the type or 
amount of material combusted, stored, 
or processed, when such limitations are 
necessary to assure that regulations in 
Section 15 NCAC 2D .OQOO do not ap- 
ply in accordance with Regulations 15 
NCAC 2D .0901 and .0902; 

(2] (44 an allowance of controls different 
than the apphcable emission standards 
in Section 15 NCAC 2D .0900 in ac- 
cordance with Regulation 15 NCAC 
2D .0905; 

(3) (-H an alternate compliance schedule 
promulgated in accordance with Regu- 
lation 15 NCAC 2D .0910; 

(4) (44 the quantity of solvent-borne ink that 

may be used by a printing unit or 
printing systems in accordance with 
Regulation 15 NCAC 2D .0936; or 

(5) f4) an allowance of a particulate emission 

rate of 0.08 grains per dry standard cu- 
bic foot for incinerators constructed 
before July 1, 1987, in accordance with 
Regulation 15 NCAC 2D .0505. 
The pubhc hearing shall be preceded by a 30- 
day period of public notice during which the 
agency's analysis and draft permit shall be 
available for pubhc inspection in the appro- 



NORTH CAROLINA REGISTER 



176 



PROPOSED RULES 



priatc rcgicinal otricc. If and when a permit 
containing these conditions is issued, it will 
become a part of the North Carolina State 
Implementation Plan for Air Qualit) (SIP) as 
an appendix available for inspection at De- 
partment of Natural Resources and Commu- 
nit\ De\elopment regional offices. The pennit 
will be submitted to the U.S. Lnvironmcntal 
Protection .Agency for inclusion as part of the 
federally appro\ed state implementation plan, 
(f) In a permit application for an alternative 
mix of controls under 15 NCAC 2D .0501(f), 
the owner or operator of the facility shall de- 
monstrate to the satisfaction of the director 
that the proposal is equisalent to the existing 
requirements of the SIP in total allowed emis- 
sions, enforceability, reliabilit\ , and en\'iron- 
mental impact. 

(1) N\'ith the exception stated in Subpara- 
graph (2) of this Paragraph, a public 
hearing shall be held before an\' permit 
containing altemati\e emission limita- 
tions is issued. The public hearing shall 
be preceded by a 30-da\ period of pub- 
lic notice during which the agency's 
analysis and draft permit shall be a\'ail- 
able for public inspection and comment 
in the appropnate regional olTice. If 
and when a permit containing these 
conditions is issued, it will become a 
part of the SIP as an appendix a\ailable 
for inspection .it the department's re- 
gional offices. I'ntil the I'.S. I^n\i- 
ronmental Protection .\genc\ (I P.A) 
approves the SIP re\ision embodung 
the permit containing an alteniati\e mix 
of controls, the facility shall continue to 
meet the otherwise applicable existing 
SIP requirements. The revision will 
be approNcd b\ I' PA on the basis of the 
re\ision's consistency with PPAs 
"Policy for .\ltemati\e I-mission Re- 
duction Options Within State Imple- 
mentation Plans" as promulgated in the 
I-ederal Register of December 11, 1*^79, 
pages 717S0-717SS, and subsequent 
nilings. 

(2) The permit applicant(s) may choose to 
pro\"ide a written acknowledgment that 
the emission rate limitations or control 
techniques allowed under an altemati\'e 
mix oi controls in\'ol\ing onl\ \olatile 
organic compounds are fulh enforcea- 
ble by I- PA as a part of the SIP and 
ma\' be enforced pursuant to Section 
.^04(a) of the federal cnean .\ir Act. 
The acknowledgment shall also bind 
the source owner s successors. It the 



acknowledgment is pro\'idcd to the di- 
rector, the director \\ ill promptly trans- 
mit to rPA a copy of the permit 
application. Before the director issues 
the permit, there shall be a 30-day pe- 
riod of public notice during which the 
agency's analysis and draft permit shall 
be a\'ailable for public inspection and 
comment in the appropriate regional 
office. If and when such permit is is- 
sued, the director will promptly trans- 
mit a copy to EPA. The owner or 
operator of a source located in a non- 
attamment area for ozone ma\' not use 
this option after August 31, 19S9: he 
shall follow the procedures set out in 



Paragraph (a) of this Rule. 



Siatutory Authoritv G.S. 
143-215.108: 143-215.109. 



143-2l5.3(a)(l); 



.0606 DII.KG.MION OP Al TIIORITV 

Ihe director may delegate the processing of 
permit applications and the issuance of permits 
to the Chief of the Air Quality Section, the 
regional otTice supers isor, or the I load ef i^ef- 
FH+te ttfhi ()porutu)n Branch .Assistant Chief for 
Pennittinn as he considers appropnate. This 
delegation shall not include the authonty to 
deny a pennit application or to re\oke, mod- 
ify, or suspend a permit. 

Siatulory .lut/wriiv G.S. 143-215.3(a)( I }.(4). 



1\ otice /,f hereby gh-en in accordance with G.S. 
I50B-I2 that the Etnironmental Management 
Commis.uon intends to adopt rule(s) cited as 
15 \ etc 2D .0538. 

1 he proposed effective date of this action is 
October I, 1989. ' 



Th 



he public hearing will be conducted at 2:00 
p.m. on .\lav 19, 1989 at Ground Floor Hearing 
Room, .irchdale Building. 512 .\orth Salisbury 
Street. Raleigh. Sorth Carolina. 



c 



oinmcnt Procedures: .411 persons interested 
in these matters are imited to attend the public 
hearing. Persons desiring to commetit on the 
proposals arc requested to give written notice 
thereof on or before the hearing date. .iny 
person desiring to present lengthy comments is 
reijuested to submit a written statement for in- 



SORTH C.AROLIN.A REGISTER 



PROPOSED RULES 



elusion in the record of proceedings at the public 
hearing. The record of proceedings will remain 
open for 30 days following the hearing to receive 
additional written statements. To he included, 
the statement must be received by the Depart- 
ment within 30 days after the hearing date. 
Additional information concerning the hearing 
or the proposals may be obtained by contacting: 
Mr. 'Thomas C. Allen 
Dr\ision of Environmental Management 
P.O. Box 27687 
Raleigh, Morth Carolina 27611-7687 
(919) 733-3340 

SLBCMVPTFR 20 - AIR POLLUTION 
CONTROL REQL IRKMENTS 

SECTION .0500 - EMISSION CONTROL 
STANDARDS 

.0538 AIR SIRIPIMNG CLEANLP 
OPKRAIIONS 

(a) For the purposes of this Rule, "air strip- 
ping cleanup operation" means any process or 
operation that removes volatile organic com- 
pounds from contaminated surfaces, surface 
waters, groundwater, or soils, and that releases 
them to the atmosphere. 

(b) i\ person shall not discharge from any 
air stripping cleanup operation more than 40 
pounds of \olatile organic compounds into the 
atmosphere per da\' unless the discharge is re- 
duced by at least 85 percent. 

(c) 1 he owner or operator of an air stripping 
cleanup operation that existed before May 1, 
1989 shall: 

(1) apply for an air pcnnit by August 1, 
1989,' and 

(2) achieve final compliance by February 
1, 1990. 

'Ihe owner or operator of an air stripping cle- 
anup operation that comes into existence after 
April .10, 1989, shall have received a permit 
before beginning construction or operation and 
shall be in compliance when beginning opera- 
tion. 



Statutory A uthority 
143-215. 107(a)(5). 



G.S. l43-2l5.3(a)(l): 



•k-^-k-k-k-k-k-k-k-k-k-k'k'k'k'k'k-k 



No 



oticc is hereby given in accordance with G.S. 
150B-I2 that the "North Carolina Wildlife Re- 
sources Commission intends to adopt nde(s) 
cited as 15 .\CAC I OB .0122. 



1 he proposed effective date of this action is 
August I, 1989. 

I he public hearing will be conducted at 10:00 
a.m. on May 15, 1989 at Room 386, Archdale 
Building, 512 N. Salisbury Street, Raleigh, 
North Carolina. 

\^ omment Procedures: Interested persons 
may present their views either orally or in writ- 
ing at the hearing. In addition, the record of 
hearing will be open for receipt of written com- 
ments from May I, 1989 to May 30, 1989. 
Such written comments must be delivered or 
mailed to the N . C. Wildlife Commission, 512 
N. Salisbwy St., Raleigh, NC 2761 1. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WAl ER SAFE rV 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGUL.\TIONS 

.0122 PROIIIBUKD HUNTING ON STATE 
FISH HATCHERIES 

It is unlawful to possess a loaded firearm 
within a posted restricted zone on any state 
owned fish hatchery or to discharge a firearm 
into or across such a restricted zone. 

Statutoiy .Authority G.S. 113-134; 113-264. 

■k-k-k-kk-k-k-k^-k-k-k-k-k-k-k-k^ 



No 



otice is hereby given in accordance with G.S. 
I50B-I2 that the NRCDjDa'ision of Economic 
Opportunity intends to amend rule(s) cited as 
15 NCAC'I6E .0103 and .0201. 

1 he proposed effectr\-e date of this action is 
September I, I9S9. 

1 he public hearing will be conducted at 10:00 
a.m. on June 7, 1989 at Conference Room, Di- 
vision of Economic Opportunity, 2413 Crabtree 
Bh-d.. Suite 119. Raleigh, N. C. 

(^ ommcnl Procedures: All interested persons 
are imited to attend. Comments may be sub- 
mitted in writing or may be presented orally at 
the hearing. Oral presentations which exceed 
three minutes are requested to have a written 
copy to be filed with the hearing clerk. Further 
details of the proposed amendments may be 



NORTH CAROLINA REGISTER 



1 78 



PROPOSED RULES 



obtained by writi/ii^ or calling: Mr. George C. 
Jones, Director, Division of l:'conomic Oppor- 
tunity. Post Office Box 276S-, Ra/ei'Ji. .\. C. 
2'-6// Phone:' 1 0/0 I "33-263.1 

( IIAI'IKH U. - I)l\ ISION Ol' I C ONOMIC 
()l'l*()IMlMr\ 

SI lU II M'lKR ](>y - KMKK(;KNr> 

(OMMl ^l^^ SIKNKKS IIOMKI.KSS 

C;K \\ I I'ROCiU AM 

SKCIION .0100 - (,KNF.R AI. l'R()\ ISIONS 

.0103 KI K.IBLE ACTIMTIFS 

ActnitiL's tundcd under lh\> Subchapler nia\ 
include onl_\ those projects which: 

(1) 1 X]"iand eomprehensn e scnices to 
lioineless indn ii.luals to pro\ide toUow- 
ups and long-term ser\ices to enable 
homeless indi\iduals to make the transi- 
tion out of po\ eily. 

(2) I'lenide assistance m obtainmg social and 
maintenance ser\ ices and income suppoil 
services for homeless indi\iduals. 

(3) Promote pn\ate sector and other assist- 
ance to homeless indi\ iduals. 

(4) l'ro\ iile homeless pre\ ention assistance 
w Inch inckKles aid U> an\ indi\ idual w ho 
haN lecened a notice ot toreelosure. 



e\ iclion. or temiination oj. utilit\ sen ices. 
i\_ 

(a) the mabilitx' of t_he indn idiial U2 make 
moiliiaLie. rental, or utilit\ pasments i^ 
due to a sudden reduction m income: 

(b) the assist:ince is necessar\ to a\oid the 
toreclosure. e\ iction. or termination o^ 
utilitN ser\"ices: and 

(c) there is a re:iNonable prospect that the 
iiKJn idual \m11 be able to resume the 
l"ia\ ments w ithin a reasonable period ot_ 
time. 



Statulorv .lulhorily P.P. 
14311-10: /43B-2"6: ' I43B-2" 



PKi- 



G.S. 



SK( HON .0200 - ADMIMSIR MINK 
I'OI K IKS AM) J'ROC I 1)1 RI.S 

.020! (.KNKRAI. I>R()\ ISION 

(a) I he pro\isions of Subchapters If'B, !(>(.' 
and 161' of this (liapter shall go\em admmis- 
tr;ition of funds by grant recipients under the 
I mergency Community Sen ices Homeless 
Grant Program, excejit that in the case ol 
conflicts among the pros isions of Subchapters 
161}, 16C". and 161', the provisions of Sub- 
chapter 16r shall go\ern. 



(b) I'unds shall not be used to supplant other 
programs for homeless individuals adminis- 
tered by the State. 

(c) I'unds will not be used to defray State 
administrative costs. 

(d) /\gcncics funded under the Fmergency 
Community Ser\iccs Homeless Grant Pro- 
gram w ill be required to show evidence of co- 
ordination with homeless assistance agencies 
at the local level in their application for funds. 

(e) Ai:encies funded under the I'meriiencv 
Community Ser\ices 1 lomeless (jrant I'ro- 
ixrain mav not ulili/.e more than 25 percent of 
lunds awarded tor the pun''ose descnbed in 
Section .(limi. Rule .lllli.^(4) ot^' Um Subchai~ 
ter. 



.StatuloiT Authority P.P. 
I43B-P): I43B-276: ' I43B-2"". 



100-77; G.S. 



nil F. 21 - 0( CI PATIONAI I ICFNSING 
BOARD.S 



No 



oticc is heieby giwn in accordance with G.S. 
/SOB-/ 2 that l/ie Sorlh Carolina Certification 
Board for Social li'ork intends to adopt rule{ s ) 
cued as 2/ .\C.IC 63 .0602 - .0608. .0~0/ - 

.<ro4. 



T, 



he proposed effectiw date of this acti(>n is 
iw'ust /. /OSO. 



Tk 



lie public hearing will be conducted at 10:00 
a.m. on May /S, /0S9 at Daxidson County Hu- 
man Resource Center, 9/5 Greensboro Street 
{Off S. Main St.. Business I-S5). Lexington, 
.\ C 27202. 



c 



oninient Procedures: Written comments 
diould be sent to Dr. Carl Mumpower, Chair- 
persi)n. .\.C. Certification Board for Social 
Work. /// .McDowell Street, .l.sheville. \.C. 
2.V.VI// by .May /. /OSO. 

ril M'lKR 6.^ - ( KRIII ICAIION HOARD lOR 
.S()(l.\l, WORK 

SKCl ION .0600 - DISC ll'I.IN,\R\ 
I'ROCKDl RKS 

.0602 NOriCK or IIKARING: .VNSWKR 

(a) The contents and manner of service of 
notice of heanng in a contested case shall be 
as prescribed in G.S. 150B-3S (b) and (c). 

(b) Any party who has been served with 
notice of hearing may file a written response 
as prescribed in (i.S. 15fln-3S(d). 



r9 



SORTH CAROLL\A REGISTER 



PROPOSED RULES 



Slalulon' Aiuhorily G.S. 90B-6(hj; I50B-9. 

.060.^ Ki(;irr K) iikakinc; 

(a) Contested Cases. Disciplinary pro- 
cccdinszs to enforce the provisions of G.S. 
9(10- ll and Rule 21 NCAC 63 .0601 are 
deemed to be "contested cases" within the 
meaning of G.S. 150B-2, and any person sub- 
ject to such proceedings shall be given notice 
and the opportunity to be heard. 

(b) 1 mcrgency Crertificate Suspension. 
Nothing within Paragraph (a) of this Rule 
shall abndge the right of the Board to take 
emergency action to summarily suspend a cer- 
tificate prior to hearinsz pursuant to G.S. 
150B-3(c). 

Slatuiory Aul/writy G.S. 00B-6(/i>; I50B-9. 

.0604 l.OC AIION OK IIK.VRING 

The location of the hearing in a contested 
case shall be as prescribed in G.S. 15()B-38(e). 

Stdiuion- .iuthoritv G.S. 00B-6(hi: I50B-9. 



ruled on by the remaining members of the 
Board. An affidavit is considered timely if it 
is filed; 

(1) Prior to the hearing; or 

(2) As soon after the commencement of the 
hearing as the affiant becomes aware of 
facts which give rise to his belief that a 
Board member should be disqualified. 

(c) I;\idence. The admission of evidence in 
a hearing on a contested case shall be as pre- 
scribed m G.S. 1508-41. 

Siatutoo' Authority G.S. 90B-6(h): I50B-9. 

.0608 DECISION OF BO.\RD 

(a) The form and content of the Board's de- 
cision in a contested case shall be as prescribed 
by G.S. 150B-42(a), and its decision shall be 
ser\ed upon the parties in a manner consistent 
with said statute. 

(b) The official record of the hearing in a 
contested case shall contain those items speci- 
fied in G.S. 150B-42(b). 

Stalutoiy Authoiiiv G.S. 90B-6ih); I50B-9. 



.0605 IMI KXKMION 

The intep.ention of persons not initially par- 
ties to a contested case is go\emed by G.S. 
150B-3S(f). I'etitions or motions to inter\ene 
must be in writing. The Board shall promptly 
determine whether to grant or den\ inter- 
\ention and shall so notily the pctitit)ner and 
all parties in writing. 

Statutoiy Amkoniy G.S. 90B-6(hl: I50B-9. 

.0606 SI UI'OKNAS 

The authonty of the Board to issue or re\'oke 
subpoenas in preparation for, or in the conduct 
of, contested cases is governed by G.S. 
1 50B-39. If a subpoena is issued at the request 
of a part\ and not on the Board's own motion, 
that part\ shall bear the cost of service. 

StaluKny Authority G.S. 90B-6{h): I50B-9. 

.0607 rONDiri Ol IIKAKINC 

(a) General lleanngs in contested cases shall 
be conducted by a majority of the Board. Ihe 
(Chairperson shall senx as presiding officer 
unless he is absent or disqualified, in which 
case the Vice-chairperson shall preside. Ilear- 
incs shall be conducted as prescribed b\- G.S. 
150B-40. 

(b) Disqualification. .\n affida\it seeking 
disqualification of any Board member, if filed 
in good faith and in a timely manner, will be 



SECTION .0700 - ADOPTION OF RLLES 

.0701 PETITIONS FOR ADOPTION OF 
RUES 

(a) The procedure for petitioning the Board 
to adopt, amend, or repeal a rule is izo\emed 
by G,S, 1 508- 16. 

(b) Submission. Rule-making petitions shall 
be sent to the secretary of the Board. No 
special fonn is required, but the petitioner shall 
state Iris name and address. There are no mi- 
nimum mandatory contents of a petition, but 
the Board considers the following information 
to be pertinent: 

(1) a draft of the proposed rule; 

(2) the reason for its proposal; 

(3) the effect of the proposed rule on exist- 
ing rules or decisions; 

(4) data supporting the proposed mle; 

(5) practices likely to be affected by pro- 
posed rule; 

(6) persons hkely to be affected by the 
proposed rule. 

(c) Disposition. The secretary shall review 
the petition and develop a recommendation as 
to whether the petitioner's proposed rule 
should be rejected or implemented, fhe sec- 
retary shall present the petition and his re- 
commendation to the Board at its ne.xt regular 
meeting following receipt of the petition, and 
the Board shall render its decision to either 
deny the petition or initiate nile-making. The 



NORTH CAROLINA REGISTER 



ISO 



PROPOSED RULES 



Ikiard sliall ndtih the petitioner of its decision 
in wntinii within tlie 12()-dav peniid set hv 
Cj.S. 15U1M6. 

Suiiitunj Authoiiiy CIS. 00B-6,h); I SOB-'). 

.0702 l'H()(KI)l KK I OR \l)()l'ri()\ ()!• 
Kl IIS 

(a) (ieneral. 1 he procedure for the 

adoption, amendment or repeal of rules is go- 
verned by Ci.S. 15()1M2. 

(h) Notice of I^ule-Making. In addition to 
the mandator^' publication of notice in the 
North Carolina Register, the Board, in its dis- 
cretion, may also publish notice through its 
newsletter to certit'ied persons or by separate 
mailing. .\n\' person who wishes to receive 
indi\idual notice shall file a written request 
with the secretary and shall be responsible for 
the cost of mailing said notice. 

(c) Public Hearing. An\' public rule-making 
hearing required b\ G.S. 15(1B-12 shall be 
conducted by the chairperson of the Board or 
by any person he ma\" delegate. The presiding 
officer shall ha\'c complete control of the 
hearing and shaU conduct the hearing so as to 
prinide a reasonable opportunitN for an\ in- 
terested person to present \ic\\s. data and 
comments: 

(1) (iral presentations shall not exceed 1 ."i 
minutes unless the presiding officer, in 
his discretion, prescnbes a greater time 
limit. 

(2) Written presentations shall be acknowl- 
edged b\ the presiding officer and shall 
be given the same consideration as oral 
presentations. 

Staliilory Aulhoritv G.S. 'M)B-0{li); I50B-9. 

.070.^ IKMI'OK \m Rl IIS 

i'he power of the Board to adopt temporan,' 
rules and the procedure by which such mles 
are put into effect are go\erned bv G.S. 
15()B-I.V 

Sutliiioiy .luthority G.S. QOB-^ihi; I SOB-'). 

.0704 1)1 ( I .VRAIOR^ Rl I IN(.S 

(a) Cjeneral. I he issuance of declaratory 
ruliiiizs b\ the Board is i:o\enied b\ Ci.S. 
15()lf-17. ■ 

(b) Request for Declaratory Ruling: Con- 
tents. .-\ request for a declarator," rulmg shall 
be in writing and addressed to the secretary. 

The request shall contain the following infor- 
mation; 



(1) The name and address of the person 
making the request; 

(2) The statute or rule to which the request 
relates; 

(3) A concise statement of the manner in 
which the person has been aggrieved by 
the statute or rule; 

(4) A statement as to whether a hearing is 
desired, and if desired, the reason 
therefor. 

(c) Refusal to Issue Ruling. The Board shall 
ordinarily refuse to issue a declaratory ruling 
under the following circumstances: 

( 1 ) WTien the Board has already made a 
controlling decision on substantially si- 
milar tacts in a contested case; 

(2) When the facts underhing the request 
for a ruling were specifically considered 
at the time of the adoption of the rule 
in question; 

(3) When the subject matter of the request 
is in\ol\ed in pending litigation in 
North Carolma. 

Statutoiy Authority G.S. 90B-6(hl; I50B-9. 

1 1 n i: 25 - on Id. oi .si a ik 

PKKSONNKL 



No 



oticc /v hereby gh'cn in accordance with G.S. 
/SOB- 12 that' '" the Office of State 
Persotinel State Personnel Commission intends 
to adopt nde(s) cited as 2S \CAC ID .I9SI . 

I he proposed effecttie date of this action is 
September J, 1980. 

1 he public hearing will be conducted at 9.00 
a.m. on June IS, I9S9 at Personnel Develop- 
ment Center. 101 W. Peace Street, Raleigh, 
.\orih Carolina. 



Co 



omment Procedures: Interested persons 
may present statements orally or in writing at 
the hearing or in writing prior to the hearing by 
mail addressed to.- Drake Maynard. OS P. 1 16 
W. Jones Street. Raleigh, North Carolina. 
27611. 

C II AI'IKR I - OI I U K OI SI.VIK 
I'KRSONM I. 

SI IK II Ai'lKR in - { OMIM NSAIION 

SKCIION .1900 - IIOI RS OI WORK AM) 
OMRIIMK fOMI'h NSAIION 

.1951 OMRIIMK COMPKNS.MION 



LSI 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



I'KOIIIBnK.n: KXKMPI KMI'LOVKES 

No employee whose position is designated as 
exempt from overtime compensation pro- 
visions of this Section shall be paid in any way 
for hours worked in excess of 40 in a work 
week. 1 his Rule shall not be construed to 
prohibit any agency from adopting and using 



a compensatory leave ("comp time") policy for 
executive, administrative or professional em- 
ployees in accordance with 25 NCAC IE 
.1006. 

Statutory Authority: G.S. 126-4(5), (10). 



NORTH CAROLINA REGISTER 



182 



f/;\ML RVLES 



LJ pon rcijucsi from the adopiing agency, the text of ndes will he published in this section. 

vV hen the text of any adopted rule is identical to the text of that as proposed, adoption of the 
nde will be noted in the "List (f Rules Codified" and the text of the adopted rule will not be re- 
published. 

/i dopted rule'i filed by the Departments of Correction. Revenue and Transportation are published 
in this section. These departments arc not subject to the provisions ofG.S. /50B. .Irticle 2 re- 
quiting publication of proposed rules. 

NOR I H CAROLINA ADMrsISTRATH E CODE 

LIST OF RLLES CODIFIED 

APRIL I9S9 



AC.FNCV 

nil' \K IMI N I <)1 ADMIMSIRAIION 

1 NCAC 3(iD (1103 

1)1 I' VKIMI N I Ol \(;UI( I 111 KK 



NCAC^ 42 .0102 
4SC~ .0002 



.0004 

PI I'AR I \IKN T OF CORHI n ION 

5 NCAC 2C] .0306 

(,()\KKN()K/I.r. (;0\l-l<N()K'S ()I:FK K 
9 



NCAC 2B Fxecutive Order Nuinhcr 85 
FtT. March 1, l')S9 
Fxccuti\c Order Number 86 
FIT. March I, 1989 
3 A .0101 
.0102 
.0103 



1)1 I'\KIA1IM Ol III M \N RKSOI R( FS 

10 NCAC 3.\1 .0104 

.0107 
X.\ .1201 - .1211 

\s() .0701 - .0708 

DM' \R lAlKM OF IN.Sl K \\( K 



ACTION TAKEN 



Amended 



Amended 
Temp. Amended 
Fxpire.s 09-12-89 
Temp. .Amended 
Fxpires 09-12-89 



Amended 



11 



NCAC 4 .01 15 -.01 18 



Amended 
Repealed 
Amended 



Correction 

Correction 

I emp. .Adopted 

1 \pires 09-16-S9 

Correction 



Amended 



I,S3 



J\()RTH C.iROLL\A REGISTER 





FINAL RULES 






.0119 
.0312- .0315 


Adopted 
Amended 




.0319 - .0320 


Amended 




.0416 


Amended 




.0418- .0419 


Amended 




.0421 


Amended 




.0423 


Amended 




.0424 - .0425 
.0427 - .0428 
6A .0602 


Adopted 
Adopted 
Amended 




8 .0901 - .0902 


Amended 




.0905 


Amended 




12 .0101 


Amended 




.0302 

.0307 - .0308 


Repealed 
Amended 




.0311 
.0312 


Repealed 
Amended 




.0314- .0316 
.0322 - .0324 
.0407 


Repealed 
Adopted 
Amended 




.0417- .0418 
.0420 - .0421 


Repealed 
Amended 




.0424 


Amended 




.0427 - .0429 


Amended 




.0431 


Amended 




.0436 


Amended 




.0441 


Amended 




.0446 - .0447 


Amended 




.0457 
.0502 
.0504 


Repealed 
Repealed 
Amended 




.0514 


Amended 




.0515 

.0543 - .0544 


Repealed 
Amended 




.0547 
.0551 


Repealed 
Amended 




.0554 - .0558 
.0704 
.0706 
.0709- .0711 


Adopted 
Adopted 
Adopted 
Adopted 


DK.I'AKTMKM Ol 


1 AIU)K 





13 NCAC 7C .0101 Amended 

DKI'AKIMKM Ol N AH K \l KKSOI KCKS AND COMMIMTY DFAKLOPMKNT 

15 NCAC 711 .1905 Correction 

Adopted 
Amended 
Amended 
Amended 
Amended 
Amended 
Adopted 
Temp. Adopted 
Expires 09-02-89 
Temp. Adopted 
Expires 09-02-89 



NOR TH CAROLINA REGIS TER IS4 



NCAC 711 


.1905 




13L 


.0106 
.0407 
.0903 
.0908 
.0910 
.1401 
.1405 




13Q 


.0101 - 


.0104 




.0201 - 


.0202 



FINAL RULES 



,0301 - .0304 
.0401 - .0403 
.0501 - ,0503 
.0601 - .0605 
.0701 - .0704 

nH' AK IMKM OK IK \NSI'(>K r A HON 

19A NCAC K] .0201 - .0202 
.0203 - .0213 
31 .0201 - .0202 
.0303 
.0307 
.0501 
.OSOl 

DKI'AR IMKM OK S lA I K IKK \.Sl HKK 

20 NCAC 2M .0104 
COMMISSION KOK Al ( IIONKKKS 

21 NC.\C 4H .0102 

.0104 

.0202 

.0401 - .0402 

.0405 

|{OARI) OK ( IIIKOI'K \( IK K\ WIINKRS 

21 NCAC 10 .0201 

HO \Kn Ol ( OSMK I l( VKI KXAMINKKS 



Icmp. Adopted 
l-xpires 00-02-X9 
I emp. Adopted 
l-xpires 09-02-89 
lemp. Adopted 
I-xpires 09-02-89 
Temp. Adopted 
Hxpires 09-02-89 
Temp Adopted 
lixpires 09-02-89 



Repealed 

Adopted 

Amended 

Amended 

Amended 

/Amended 

iVmended 



Adopted 



Amended 
Amended 
Amended 
Amended 
/Vmended 



Amended 



!1 NCAC 14.\1 .0001 - .0006 

.0009 - .0(113 
.0016 - .0017 



Amended 
Amended 
Amended 



HOARD OK cKoi ()(;isrs 



21 



NCAC 21 



.0101 

.0102 

.0103 - .0107 

.0201 

.0202 - .0203 

.0204 

.0301 - .0302 

.0401 - .0402 

.0501 - .0508 

.0509 

.0510 - .0511 

.0512 

.0513 

.0601 - .0605 

.0701 - .0702 



/Xmended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
/\mended 
Repealed 
Amended 
/Vmended 
Repealed 



185 



NORTH CAROLINA REGISTER 



FINAL RULES 





.0801 




Repealed 




,0802 - 


.0804 


Amended 




.0805 - 


.0806 


Repealed 




.0807 




Amended 




.0901 




Repealed 




.0903 




Amended 


1IKAKIN(; AID OKAIKKS AM) Ftl IKRS BOARD 




21 NCAC 22n 


.0501 




Amended 


221- 


.0004 




Amended 




.0016 




/Vmended 


221 


.0003 




Amended 




.0008 




Amended 


MARTIAf. A\n FAMII ^ IIIKRAI'^ 


CKRTIFICATION BOARD 




21 NCAC 31 


.0101 




Repealed 




.0103 




Repealed 




.0104 




/Vmended 




.0201 - 


.0202 


Amended 




.0303 




Amended 




.0402 




Amended 




.0501 - 


.0503 


/Vmended 




.0505 




Amended 




.0601 




Amended 




.0603 




Amended 




.0605 - 


.0606 


Amended 


IU)\K1) Ol M RSINC; 








21 NCAC 36 


.0102 




Repealed 




.0109 




Amended 




.0201 




Amended 




.0207 




Amended 




.0216 




Amended 




.0220 - 


.0221 


Amended 




.0401 




Correction 




.0405 




Correction 


K\AMIM\(; rOMMiriKK 


Ol I'lnSK Al. rilKRAl>Y 




21 NCAC 48 A 


.0003 




Amended 




.0005 




Amended 


4SB 


.0002 - 


.0003 


Amended 


48C 


.0101 




/Vmended 




.0103 




/Vmended 




.0301 




/\mended 


48 D 


.0006 




/Vmended 




.0010 




/Vmended 


481: 


.0103- 


.0104 


Amended 




.0110 




Amended 


48 1' 


.0002 




/Vmended 


48G 


.0103 




/Vmended 




.0202 - 


.0203 


/Vmended 


4811 


.0104 




/Vmended 



NORTH CAROLINA REGISTER 



IS6 



FINAL RULES 



|{<)AKI) Ol I'R \( 1 I( IN(; ( <)l NSHOKS 



NCAC 53 



()2(II 
.0203 
.(1301 
.0303 
.0401 



Amended 

AmcndL-d 
Amended 
Amended 
Amended 



H<)\KI) OV KWMINKKS OI I'K \C IKING I'SN C HOIOCIS IS 



NCAC .>4 .1S03 
.2004 



Correetion 
Correetion 



IU)\Rn OV I'ROI KSSION \I KN(;iNKKKS AND I ANO SI RMAORS 



21 



NC^AC 56 



.0302 



0405 
0503 



.0702 



.0101 

.0102 

.0103 

.0301 - 

.0303 

.040 1 

.0403 - 

.0501 - 

.0504 

.0505 

.0601 - .0603 

.0605 

.0606 

.0701 - 

.0X01 

.0X02 

.0X03 

.0X04 

.0X05 

.(WOl - 

.1001 

.1101 - 

.1107 - 

.1201 

.1202 

.1203 

.1204 

.1301 - 

.1402 - 

.1404 - 

.140') 

.1410 

.1412 

.1413 



.0902 

.1105 
.llOX 



,1302 
,1403 
,140S 



Amended 

Repealed 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Amended 

Repealed 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Repealed 

Amended 



HOARD OI RH Rl(;i R \ HON K\ \MINKRS 



21 



N(\\C 60 



0101 
0103 
0201 
0207 
0304 
0311 
1101 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 



IS- 



NORTH CAROLINA REGISTER 



FINAL RULES 



Amended 
Repealed 



Repealed 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Repealed 
Repealed 



Amended 
Amended 



24 NCAC 2A .0001 - .0003 Adopted 

2B .0001 - .0(102 Adopted 

2C .0001 Adopted 

Oil KK Ol- SIMK l'KKS()NNKI, 

25 NCAC IJ .0503 ■ /Vmended 

.0508 Amended 

.0603 /Vmended 

Oil l( K OF ADMIMSIKAIIXK IIK\KIN(;S 

26 NCAC 3 .0030 Adopted 

4 .0002 - .0007 /Vmended 

.0009 -.00 10 Adopted 





.1102- 


.1103 




.1104 




BO \RI) OK SAM r ARI AN K\ \MI\KRS 


21 NCAC 62 


.0101 






.0102 - 


.0104 




.0201 - 


.0206 




.0207 






.0208 






.0301 - 


.0302 




.0305 - 


.0310 




.0311 - 


.0313 




.0314- 


.0317 




.0318 






.0319 






.0401 - 


.0408 




.0409 - 


.0410 




.0413 




nUMKIMKM OF rOMMI 


M lA ( Ol 1 FGKS 


23 NCAC 2D 


.0301 
.0328 




N.C. ACKK I 111 RAI FINANC K Al 


IHORirV 



NORTH CAROLINA REGISTER 188 



i\CACIi\DEX 



II IIJ /MAJOR DIMSIONS OI TIU: NOR I II CAROLINA ADMINISTRATIN t CODK 
IIII.i: 1)1 PARIMI NT 

1 Administration, Depailment of 

2 Agnculture, Department of 

3 Auditor, Department of State 

4 Commerce. Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 I'leetions, State Board of 

9 Cjovemor, OtTice of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 I abor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and ('ommunit\ Development, Department of 

16 Public I'ducation, Department of 

17 Revenue, Department of 

18 Secretar\ of State, Department of 
19A Transportation, Department of 
20 Treasurer. Department of State 

*21 Occupational I icensing Boards 

22 Administrali\e Procedures 

23 Cominunits (\illeges, Depailment of 

24 lnde]-ieiident Agencies 

25 State Personnel. OlTice of 

26 .\dminislrati\e Hearings. Office of 

NO'TF: Title 21 contains the chaiiters of the \'arious occupational licensing boards. 
( IIAPIKR IK INSINC, HOARDS 

2 ;\rchitecture. Board of 

4 Auctioneers. Commission for 
6 Barber T'xaminers. Board of 

5 Certified Public .Accountant Txaminers. Board of 
10 Chiropractic Txaminers, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Fxaminers, Board of 
16 Dental Lxaminers, Board of 

15 I'lectrical Contractors, Board of Lxaminers of 

20 Foresters, Board of Registration for 

21 Geologists. Board of 

22 Hearing .Aid Dealers and Litters Board 
26 Landscape Architects, Licensing Board of 

2S Landscape Contractors. Registration Board of 

31 \Lirtial & Lamily Therap> Certification Board 

32 Medical Lxaminers. Board of 

33 Midwifeiy .loint Committee 

34 MortuaPi" Science. Board of 

36 Nursing. Board of 

37 Nursing Home .Administrators. Board of 

38 Occupational Lherapists, Board of 
4(1 Opticians, Board of 

42 OptometPv', Board of Lxaminers in 



IS9 NOR TH CA ROLINA REGIS TER 



IS'CAC L\'DE\ 



44 
46 
48 
50 
52 
53 
34 
56 
58 
60 
62 
63 
64 

66 



Osteopathic l-.xamination and Registration, Board of 
I'liannac)', Board of 

I'h\sical rhcrap\', L'xamining Comniittee of 
I'lumbing and Heating Contractors, Board of 
Podiatn, Hxaminers, Board of 
Practicing Counselors. Board of 
Practicing PsNchoIogists, Board of 
Professional l:nginecrs and Land Surveyors, Board of 
Real iistate Commission 
Refrigeration lixaminers. Board of 
Sanitari;in Examiners, Board of 
Social Work, Certification Board for 
Speech and Language Pathologists and 
Audiologists. Board of Lxaminers of 
Veteiinan Medical Board 



NORTH CAROLINA REdlSTER 



190 



CUMULATIVE INDEX 



ciMi Liiii/: i\Di:\ 

(April l')S<) - March I WO) 



19S') - 1990 

Pages Issue 

1 - 151 1 - April 

152 - 192 2 - April 



AO - Adniinistrati\e Order 

ACi - Att(irne\ tieiierals Opinions 

C - Con eel inn 

\\l - I inal Rule 

CjS - Cieneral Statute 

JO - Judieial Orders ox i^eeisiiin 

M - Miseellaneous 

Nl' - Ndtiee of I'etitiiins 

I'R - I'roposed Rule 

SO - Statements of Organi/atiiin 

IR - 1 eniporar> Rule 



ADMIMSIRAIIX i; ORDIR 

Administrative Order, 4, 152 

A(.RI( I Ml Rl 

Plant Industry. 153 I'R 

I INAI. I)i;( ISION Li;i IIRS 

Votmg Riglits Aet, 5 

1 INAI Rll I S 

I 1st ot Rules Codified, \\\ PR 

C()\KRN()R/LT. (.OMRNOR 

l-'\eeuti\e Orders, 1 

III MAN Rl SOI R( I S 

Health Serviees, 15.^ I'R 

Medieal Assrstance, 15X I'R 

Mental Health: Mental Retardation and Suhstanee Abuse Ser\iees, 17 PR 

Wieational Rehabililalion Serxiees, 7 PR 

IK i:nsi\(; boards 

North Carolina (\'i1iiieation i^iard lor Soeial Work. 179 PR 

NAUR AI Rl SOI R( I S AND ( OMMl NIIA DIM LOPMKNT 

Community .\ssistanee, LM I'R 
leonomie Opportunity, 17S; PR 
I nvironmental Manaiiement. IS PR. 16(1 PR 



J91 NORTH CAROLINA REGISTER 



CUMULA THE INDEX 



Marine Fisheries, 47 I'R 

Wildlife Resources and Water Safety, 134 PR, 178 PR 

SIAIKIMRSONNKL 

State Personnel Commission, 181 PR 

rRANSPORIAIION 

Di\ision of Motor Vehicles, 140 FR 



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